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91_HB1432eng HB1432 Engrossed LRB9103140PTpk 1 AN ACT concerning arrest reports. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Records Act is amended by adding 5 Section 4a as follows: 6 (5 ILCS 160/4a new) 7 Sec. 4a. Arrest reports. 8 (a) When an individual is arrested, the following 9 information must be made available to the news media for 10 inspection and copying: 11 (1) Information that identifies the person, 12 including the name, age, address, and photograph, when 13 and if available. 14 (2) Information detailing any charges relating to 15 the arrest. 16 (3) The time and location of the arrest. 17 (4) The name of the investigating or arresting law 18 enforcement agency. 19 (5) If incarcerated, the amount of any bail or 20 bond. 21 (6) If incarcerated, the time and date that the 22 individual was received, discharged, or transferred from 23 the arresting agency's custody. 24 (b) The information required by this Section must be 25 made available to the news media for inspection and copying 26 as soon as practicable, but in no event shall the time period 27 exceed 72 hours from the arrest. The information described 28 in paragraphs 3, 4, 5, and 6 of subsection (a), however, may 29 be withheld if it is determined that disclosure would: 30 (1) interfere with pending or actually and 31 reasonably contemplated law enforcement proceedings HB1432 Engrossed -2- LRB9103140PTpk 1 conducted by any law enforcement or correctional agency; 2 (2) endanger the life or physical safety of law 3 enforcement or correctional personnel or any other 4 person; or 5 (3) compromise the security of any correctional 6 facility. 7 (c) For the purposes of this Section, the term "news 8 media" means personnel of a newspaper or other periodical 9 issued at regular intervals, a news service, a radio station, 10 a television station, a community antenna television service, 11 or a person or corporation engaged in making news reels or 12 other motion picture news for public showing. 13 (d) Each law enforcement or correctional agency may 14 charge fees for arrest records, but in no instance may the 15 fee exceed the actual cost of copying and reproduction. The 16 fees may not include the cost of the labor used to reproduce 17 the arrest record. 18 (e) The provisions of this Section do not supersede the 19 confidentiality provisions for arrest records of the Juvenile 20 Court Act. 21 Section 10. The Civil Administrative Code of Illinois is 22 amended by changing Section 55a as follows: 23 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 24 (Text of Section before amendment by P.A. 90-590) 25 Sec. 55a. Powers and duties. 26 (A) The Department of State Police shall have the 27 following powers and duties, and those set forth in Sections 28 55a-1 through 55c: 29 1. To exercise the rights, powers and duties which have 30 been vested in the Department of Public Safety by the State 31 Police Act. 32 2. To exercise the rights, powers and duties which have HB1432 Engrossed -3- LRB9103140PTpk 1 been vested in the Department of Public Safety by the State 2 Police Radio Act. 3 3. To exercise the rights, powers and duties which have 4 been vested in the Department of Public Safety by the 5 Criminal Identification Act. 6 4. To (a) investigate the origins, activities, personnel 7 and incidents of crime and the ways and means to redress the 8 victims of crimes, and study the impact, if any, of 9 legislation relative to the effusion of crime and growing 10 crime rates, and enforce the criminal laws of this State 11 related thereto, (b) enforce all laws regulating the 12 production, sale, prescribing, manufacturing, administering, 13 transporting, having in possession, dispensing, delivering, 14 distributing, or use of controlled substances and cannabis, 15 (c) employ skilled experts, scientists, technicians, 16 investigators or otherwise specially qualified persons to aid 17 in preventing or detecting crime, apprehending criminals, or 18 preparing and presenting evidence of violations of the 19 criminal laws of the State, (d) cooperate with the police of 20 cities, villages and incorporated towns, and with the police 21 officers of any county, in enforcing the laws of the State 22 and in making arrests and recovering property, (e) apprehend 23 and deliver up any person charged in this State or any other 24 State of the United States with treason, felony, or other 25 crime, who has fled from justice and is found in this State, 26 and (f) conduct such other investigations as may be provided 27 by law. Persons exercising these powers within the Department 28 are conservators of the peace and as such have all the powers 29 possessed by policemen in cities and sheriffs, except that 30 they may exercise such powers anywhere in the State in 31 cooperation with and after contact with the local law 32 enforcement officials. Such persons may use false or 33 fictitious names in the performance of their duties under 34 this paragraph, upon approval of the Director, and shall not HB1432 Engrossed -4- LRB9103140PTpk 1 be subject to prosecution under the criminal laws for such 2 use. 3 5. To: (a) be a central repository and custodian of 4 criminal statistics for the State, (b) be a central 5 repository for criminal history record information, (c) 6 procure and file for record such information as is necessary 7 and helpful to plan programs of crime prevention, law 8 enforcement and criminal justice, (d) procure and file for 9 record such copies of fingerprints, as may be required by 10 law, (e) establish general and field crime laboratories, (f) 11 register and file for record such information as may be 12 required by law for the issuance of firearm owner's 13 identification cards, (g) employ polygraph operators, 14 laboratory technicians and other specially qualified persons 15 to aid in the identification of criminal activity, and (h) 16 undertake such other identification, information, laboratory, 17 statistical or registration activities as may be required by 18 law. 19 5.5. Provide, when an individual is arrested, that the 20 following information must be made available to the news 21 media for inspection and copying: 22 (a) Information that identifies the person, 23 including the name, age, address, and photograph, when 24 and if available. 25 (b) Information detailing any charges relating to 26 the arrest. 27 (c) The time and location of the arrest. 28 (d) The name of the investigating or arresting law 29 enforcement agency. 30 (e) If incarcerated, the amount of any bail or 31 bond. 32 (f) If incarcerated, the time and date that the 33 individual was received, discharged, or transferred from 34 the arresting agency's custody. HB1432 Engrossed -5- LRB9103140PTpk 1 (1) The information required by this paragraph 2 must be made available to the news media for 3 inspection and copying as soon as practicable, but 4 in no event shall the time period exceed 72 hours 5 from the arrest. The information described in 6 subparagraphs (c), (d), (e), and (f) of this 7 paragraph, however, may be withheld if it is 8 determined that disclosure would (i) interfere with 9 pending or actually and reasonably contemplated law 10 enforcement proceedings conducted by any law 11 enforcement or correctional agency; (ii) endanger 12 the life or physical safety of law enforcement or 13 correctional personnel or any other person; or (iii) 14 compromise the security of any correctional 15 facility. 16 (2) For the purposes of this paragraph, the 17 term "news media" means personnel of a newspaper or 18 other periodical issued at regular intervals, a news 19 service, a radio station, a television station, a 20 community antenna television service, or a person or 21 corporation engaged in making news reels or other 22 motion picture news for public showing. 23 (3) Each law enforcement or correctional 24 agency may charge fees for arrest records, but in no 25 instance may the fee exceed the actual cost of 26 copying and reproduction. The fees may not include 27 the cost of the labor used to reproduce the arrest 28 record. 29 (4) The provisions of this paragraph do not 30 supersede the confidentiality provisions for arrest 31 records of the Juvenile Court Act. 32 6. To (a) acquire and operate one or more radio 33 broadcasting stations in the State to be used for police 34 purposes, (b) operate a statewide communications network to HB1432 Engrossed -6- LRB9103140PTpk 1 gather and disseminate information for law enforcement 2 agencies, (c) operate an electronic data processing and 3 computer center for the storage and retrieval of data 4 pertaining to criminal activity, and (d) undertake such other 5 communication activities as may be required by law. 6 7. To provide, as may be required by law, assistance to 7 local law enforcement agencies through (a) training, 8 management and consultant services for local law enforcement 9 agencies, and (b) the pursuit of research and the publication 10 of studies pertaining to local law enforcement activities. 11 8. To exercise the rights, powers and duties which have 12 been vested in the Department of State Police and the 13 Director of the Department of State Police by the Narcotic 14 Control Division Abolition Act. 15 9. To exercise the rights, powers and duties which have 16 been vested in the Department of Public Safety by the 17 Illinois Vehicle Code. 18 10. To exercise the rights, powers and duties which have 19 been vested in the Department of Public Safety by the Firearm 20 Owners Identification Card Act. 21 11. To enforce and administer such other laws in 22 relation to law enforcement as may be vested in the 23 Department. 24 12. To transfer jurisdiction of any realty title to 25 which is held by the State of Illinois under the control of 26 the Department to any other department of the State 27 government or to the State Employees Housing Commission, or 28 to acquire or accept Federal land, when such transfer, 29 acquisition or acceptance is advantageous to the State and is 30 approved in writing by the Governor. 31 13. With the written approval of the Governor, to enter 32 into agreements with other departments created by this Act, 33 for the furlough of inmates of the penitentiary to such other 34 departments for their use in research programs being HB1432 Engrossed -7- LRB9103140PTpk 1 conducted by them. 2 For the purpose of participating in such research 3 projects, the Department may extend the limits of any 4 inmate's place of confinement, when there is reasonable cause 5 to believe that the inmate will honor his or her trust by 6 authorizing the inmate, under prescribed conditions, to leave 7 the confines of the place unaccompanied by a custodial agent 8 of the Department. The Department shall make rules governing 9 the transfer of the inmate to the requesting other department 10 having the approved research project, and the return of such 11 inmate to the unextended confines of the penitentiary. Such 12 transfer shall be made only with the consent of the inmate. 13 The willful failure of a prisoner to remain within the 14 extended limits of his or her confinement or to return within 15 the time or manner prescribed to the place of confinement 16 designated by the Department in granting such extension shall 17 be deemed an escape from custody of the Department and 18 punishable as provided in Section 3-6-4 of the Unified Code 19 of Corrections. 20 14. To provide investigative services, with all of the 21 powers possessed by policemen in cities and sheriffs, in and 22 around all race tracks subject to the Horse Racing Act of 23 1975. 24 15. To expend such sums as the Director deems necessary 25 from Contractual Services appropriations for the Division of 26 Criminal Investigation for the purchase of evidence and for 27 the employment of persons to obtain evidence. Such sums shall 28 be advanced to agents authorized by the Director to expend 29 funds, on vouchers signed by the Director. 30 16. To assist victims and witnesses in gang crime 31 prosecutions through the administration of funds appropriated 32 from the Gang Violence Victims and Witnesses Fund to the 33 Department. Such funds shall be appropriated to the 34 Department and shall only be used to assist victims and HB1432 Engrossed -8- LRB9103140PTpk 1 witnesses in gang crime prosecutions and such assistance may 2 include any of the following: 3 (a) temporary living costs; 4 (b) moving expenses; 5 (c) closing costs on the sale of private residence; 6 (d) first month's rent; 7 (e) security deposits; 8 (f) apartment location assistance; 9 (g) other expenses which the Department considers 10 appropriate; and 11 (h) compensation for any loss of or injury to real 12 or personal property resulting from a gang crime to a 13 maximum of $5,000, subject to the following provisions: 14 (1) in the case of loss of property, the 15 amount of compensation shall be measured by the 16 replacement cost of similar or like property which 17 has been incurred by and which is substantiated by 18 the property owner, 19 (2) in the case of injury to property, the 20 amount of compensation shall be measured by the cost 21 of repair incurred and which can be substantiated by 22 the property owner, 23 (3) compensation under this provision is a 24 secondary source of compensation and shall be 25 reduced by any amount the property owner receives 26 from any other source as compensation for the loss 27 or injury, including, but not limited to, personal 28 insurance coverage, 29 (4) no compensation may be awarded if the 30 property owner was an offender or an accomplice of 31 the offender, or if the award would unjustly benefit 32 the offender or offenders, or an accomplice of the 33 offender or offenders. 34 No victim or witness may receive such assistance if he or HB1432 Engrossed -9- LRB9103140PTpk 1 she is not a part of or fails to fully cooperate in the 2 prosecution of gang crime members by law enforcement 3 authorities. 4 The Department shall promulgate any rules necessary for 5 the implementation of this amendatory Act of 1985. 6 17. To conduct arson investigations. 7 18. To develop a separate statewide statistical police 8 contact record keeping system for the study of juvenile 9 delinquency. The records of this police contact system shall 10 be limited to statistical information. No individually 11 identifiable information shall be maintained in the police 12 contact statistical record system. 13 19. To develop a separate statewide central adjudicatory 14 and dispositional records system for persons under 19 years 15 of age who have been adjudicated delinquent minors and to 16 make information available to local registered participating 17 police youth officers so that police youth officers will be 18 able to obtain rapid access to the juvenile's background from 19 other jurisdictions to the end that the police youth officers 20 can make appropriate dispositions which will best serve the 21 interest of the child and the community. Information 22 maintained in the adjudicatory and dispositional record 23 system shall be limited to the incidents or offenses for 24 which the minor was adjudicated delinquent by a court, and a 25 copy of the court's dispositional order. All individually 26 identifiable records in the adjudicatory and dispositional 27 records system shall be destroyed when the person reaches 19 28 years of age. 29 20. To develop rules which guarantee the confidentiality 30 of such individually identifiable adjudicatory and 31 dispositional records except when used for the following: 32 (a) by authorized juvenile court personnel or the 33 State's Attorney in connection with proceedings under the 34 Juvenile Court Act of 1987; or HB1432 Engrossed -10- LRB9103140PTpk 1 (b) inquiries from registered police youth 2 officers. 3 For the purposes of this Act "police youth officer" means 4 a member of a duly organized State, county or municipal 5 police force who is assigned by his or her Superintendent, 6 Sheriff or chief of police, as the case may be, to specialize 7 in youth problems. 8 21. To develop administrative rules and administrative 9 hearing procedures which allow a minor, his or her attorney, 10 and his or her parents or guardian access to individually 11 identifiable adjudicatory and dispositional records for the 12 purpose of determining or challenging the accuracy of the 13 records. Final administrative decisions shall be subject to 14 the provisions of the Administrative Review Law. 15 22. To charge, collect, and receive fees or moneys 16 equivalent to the cost of providing Department of State 17 Police personnel, equipment, and services to local 18 governmental agencies when explicitly requested by a local 19 governmental agency and pursuant to an intergovernmental 20 agreement as provided by this Section, other State agencies, 21 and federal agencies, including but not limited to fees or 22 moneys equivalent to the cost of providing dispatching 23 services, radio and radar repair, and training to local 24 governmental agencies on such terms and conditions as in the 25 judgment of the Director are in the best interest of the 26 State; and to establish, charge, collect and receive fees or 27 moneys based on the cost of providing responses to requests 28 for criminal history record information pursuant to positive 29 identification and any Illinois or federal law authorizing 30 access to some aspect of such information and to prescribe 31 the form and manner for requesting and furnishing such 32 information to the requestor on such terms and conditions as 33 in the judgment of the Director are in the best interest of 34 the State, provided fees for requesting and furnishing HB1432 Engrossed -11- LRB9103140PTpk 1 criminal history record information may be waived for 2 requests in the due administration of the criminal laws. The 3 Department may also charge, collect and receive fees or 4 moneys equivalent to the cost of providing electronic data 5 processing lines or related telecommunication services to 6 local governments, but only when such services can be 7 provided by the Department at a cost less than that 8 experienced by said local governments through other means. 9 All services provided by the Department shall be conducted 10 pursuant to contracts in accordance with the 11 Intergovernmental Cooperation Act, and all telecommunication 12 services shall be provided pursuant to the provisions of 13 Section 67.18 of this Code. 14 All fees received by the Department of State Police under 15 this Act or the Illinois Uniform Conviction Information Act 16 shall be deposited in a special fund in the State Treasury to 17 be known as the State Police Services Fund. The money 18 deposited in the State Police Services Fund shall be 19 appropriated to the Department of State Police for expenses 20 of the Department of State Police. 21 Upon the completion of any audit of the Department of 22 State Police as prescribed by the Illinois State Auditing 23 Act, which audit includes an audit of the State Police 24 Services Fund, the Department of State Police shall make the 25 audit open to inspection by any interested person. 26 23. To exercise the powers and perform the duties which 27 have been vested in the Department of State Police by the 28 Intergovernmental Missing Child Recovery Act of 1984, and to 29 establish reasonable rules and regulations necessitated 30 thereby. 31 24. (a) To establish and maintain a statewide Law 32 Enforcement Agencies Data System (LEADS) for the purpose of 33 providing electronic access by authorized entities to 34 criminal justice data repositories and effecting an immediate HB1432 Engrossed -12- LRB9103140PTpk 1 law enforcement response to reports of missing persons, 2 including lost, missing or runaway minors. The Department 3 shall implement an automatic data exchange system to compile, 4 to maintain and to make available to other law enforcement 5 agencies for immediate dissemination data which can assist 6 appropriate agencies in recovering missing persons and 7 provide access by authorized entities to various data 8 repositories available through LEADS for criminal justice and 9 related purposes. To assist the Department in this effort, 10 funds may be appropriated from the LEADS Maintenance Fund. 11 (b) In exercising its duties under this subsection, the 12 Department shall: 13 (1) provide a uniform reporting format for the 14 entry of pertinent information regarding the report of a 15 missing person into LEADS; 16 (2) develop and implement a policy whereby a 17 statewide or regional alert would be used in situations 18 relating to the disappearances of individuals, based on 19 criteria and in a format established by the Department. 20 Such a format shall include, but not be limited to, the 21 age of the missing person and the suspected circumstance 22 of the disappearance; 23 (3) notify all law enforcement agencies that 24 reports of missing persons shall be entered as soon as 25 the minimum level of data specified by the Department is 26 available to the reporting agency, and that no waiting 27 period for the entry of such data exists; 28 (4) compile and retain information regarding lost, 29 abducted, missing or runaway minors in a separate data 30 file, in a manner that allows such information to be used 31 by law enforcement and other agencies deemed appropriate 32 by the Director, for investigative purposes. Such 33 information shall include the disposition of all reported 34 lost, abducted, missing or runaway minor cases; HB1432 Engrossed -13- LRB9103140PTpk 1 (5) compile and maintain an historic data 2 repository relating to lost, abducted, missing or runaway 3 minors and other missing persons in order to develop and 4 improve techniques utilized by law enforcement agencies 5 when responding to reports of missing persons; and 6 (6) create a quality control program regarding 7 confirmation of missing person data, timeliness of 8 entries of missing person reports into LEADS and 9 performance audits of all entering agencies. 10 25. On request of a school board or regional 11 superintendent of schools, to conduct an inquiry pursuant to 12 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 13 an applicant for employment in a school district has been 14 convicted of any criminal or drug offenses enumerated in 15 Section 10-21.9 or 34-18.5 of the School Code. The 16 Department shall furnish such conviction information to the 17 President of the school board of the school district which 18 has requested the information, or if the information was 19 requested by the regional superintendent to that regional 20 superintendent. 21 26. To promulgate rules and regulations necessary for 22 the administration and enforcement of its powers and duties, 23 wherever granted and imposed, pursuant to the Illinois 24 Administrative Procedure Act. 25 27. To (a) promulgate rules pertaining to the 26 certification, revocation of certification and training of 27 law enforcement officers as electronic criminal surveillance 28 officers, (b) provide training and technical assistance to 29 State's Attorneys and local law enforcement agencies 30 pertaining to the interception of private oral 31 communications, (c) promulgate rules necessary for the 32 administration of Article 108B of the Code of Criminal 33 Procedure of 1963, including but not limited to standards for 34 recording and minimization of electronic criminal HB1432 Engrossed -14- LRB9103140PTpk 1 surveillance intercepts, documentation required to be 2 maintained during an intercept, procedures in relation to 3 evidence developed by an intercept, and (d) charge a 4 reasonable fee to each law enforcement agency that sends 5 officers to receive training as electronic criminal 6 surveillance officers. 7 28. Upon the request of any private organization which 8 devotes a major portion of its time to the provision of 9 recreational, social, educational or child safety services to 10 children, to conduct, pursuant to positive identification, 11 criminal background investigations of all of that 12 organization's current employees, current volunteers, 13 prospective employees or prospective volunteers charged with 14 the care and custody of children during the provision of the 15 organization's services, and to report to the requesting 16 organization any record of convictions maintained in the 17 Department's files about such persons. The Department shall 18 charge an application fee, based on actual costs, for the 19 dissemination of conviction information pursuant to this 20 subsection. The Department is empowered to establish this 21 fee and shall prescribe the form and manner for requesting 22 and furnishing conviction information pursuant to this 23 subsection. Information received by the organization from the 24 Department concerning an individual shall be provided to such 25 individual. Any such information obtained by the 26 organization shall be confidential and may not be transmitted 27 outside the organization and may not be transmitted to anyone 28 within the organization except as needed for the purpose of 29 evaluating the individual. Only information and standards 30 which bear a reasonable and rational relation to the 31 performance of child care shall be used by the organization. 32 Any employee of the Department or any member, employee or 33 volunteer of the organization receiving confidential 34 information under this subsection who gives or causes to be HB1432 Engrossed -15- LRB9103140PTpk 1 given any confidential information concerning any criminal 2 convictions of an individual shall be guilty of a Class A 3 misdemeanor unless release of such information is authorized 4 by this subsection. 5 29. Upon the request of the Department of Children and 6 Family Services, to investigate reports of child abuse or 7 neglect. 8 30. To obtain registration of a fictitious vital record 9 pursuant to Section 15.1 of the Vital Records Act. 10 31. To collect and disseminate information relating to 11 "hate crimes" as defined under Section 12-7.1 of the Criminal 12 Code of 1961 contingent upon the availability of State or 13 Federal funds to revise and upgrade the Illinois Uniform 14 Crime Reporting System. All law enforcement agencies shall 15 report monthly to the Department of State Police concerning 16 such offenses in such form and in such manner as may be 17 prescribed by rules and regulations adopted by the Department 18 of State Police. Such information shall be compiled by the 19 Department and be disseminated upon request to any local law 20 enforcement agency, unit of local government, or state 21 agency. Dissemination of such information shall be subject 22 to all confidentiality requirements otherwise imposed by law. 23 The Department of State Police shall provide training for 24 State Police officers in identifying, responding to, and 25 reporting all hate crimes. The IllinoisLocal Governmental26 Law EnforcementOfficer'sTraining Standards Board shall 27 develop and certify a course of such training to be made 28 available to local law enforcement officers. 29 32. Upon the request of a private carrier company that 30 provides transportation under Section 28b of the Metropolitan 31 Transit Authority Act, to ascertain if an applicant for a 32 driver position has been convicted of any criminal or drug 33 offense enumerated in Section 28b of the Metropolitan Transit 34 Authority Act. The Department shall furnish the conviction HB1432 Engrossed -16- LRB9103140PTpk 1 information to the private carrier company that requested the 2 information. 3 33. To apply for grants or contracts, receive, expend, 4 allocate, or disburse funds and moneys made available by 5 public or private entities, including, but not limited to, 6 contracts, bequests, grants, or receiving equipment from 7 corporations, foundations, or public or private institutions 8 of higher learning. All funds received by the Department 9 from these sources shall be deposited into the appropriate 10 fund in the State Treasury to be appropriated to the 11 Department for purposes as indicated by the grantor or 12 contractor or, in the case of funds or moneys bequeathed or 13 granted for no specific purpose, for any purpose as deemed 14 appropriate by the Director in administering the 15 responsibilities of the Department. 16 34. Upon the request of the Department of Children and 17 Family Services, the Department of State Police shall provide 18 properly designated employees of the Department of Children 19 and Family Services with criminal history record information 20 as defined in the Illinois Uniform Conviction Information Act 21 and information maintained in the adjudicatory and 22 dispositional record system as defined in subdivision (A)19 23 of this Section if the Department of Children and Family 24 Services determines the information is necessary to perform 25 its duties under the Abused and Neglected Child Reporting 26 Act, the Child Care Act of 1969, and the Children and Family 27 Services Act. The request shall be in the form and manner 28 specified by the Department of State Police. 29 35. The Illinois Department of Public Aid is an 30 authorized entity under this Section for the purpose of 31 obtaining access to various data repositories available 32 through LEADS, to facilitate the location of individuals for 33 establishing paternity, and establishing, modifying, and 34 enforcing child support obligations, pursuant to the Illinois HB1432 Engrossed -17- LRB9103140PTpk 1 Public Aid Code and Title IV, Part D of the Social Security 2 Act. The Department shall enter into an agreement with the 3 Illinois Department of Public Aid consistent with these 4 purposes. 5 36. Upon request of the Department of Human Services, to 6 conduct an assessment and evaluation of sexually violent 7 persons as mandated by the Sexually Violent Persons 8 Commitment Act, the Department shall furnish criminal history 9 information maintained on the requested person. The request 10 shall be in the form and manner specified by the Department. 11 (B) The Department of State Police may establish and 12 maintain, within the Department of State Police, a Statewide 13 Organized Criminal Gang Database (SWORD) for the purpose of 14 tracking organized criminal gangs and their memberships. 15 Information in the database may include, but not be limited 16 to, the name, last known address, birth date, physical 17 descriptions (such as scars, marks, or tattoos), officer 18 safety information, organized gang affiliation, and entering 19 agency identifier. The Department may develop, in 20 consultation with the Criminal Justice Information Authority, 21 and in a form and manner prescribed by the Department, an 22 automated data exchange system to compile, to maintain, and 23 to make this information electronically available to 24 prosecutors and to other law enforcement agencies. The 25 information may be used by authorized agencies to combat the 26 operations of organized criminal gangs statewide. 27 (C) The Department of State Police may ascertain the 28 number of bilingual police officers and other personnel 29 needed to provide services in a language other than English 30 and may establish, under applicable personnel rules and 31 Department guidelines or through a collective bargaining 32 agreement, a bilingual pay supplement program. 33 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 34 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. HB1432 Engrossed -18- LRB9103140PTpk 1 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 2 (Text of Section after amendment by P.A. 90-590) 3 Sec. 55a. Powers and duties. 4 (A) The Department of State Police shall have the 5 following powers and duties, and those set forth in Sections 6 55a-1 through 55c: 7 1. To exercise the rights, powers and duties which have 8 been vested in the Department of Public Safety by the State 9 Police Act. 10 2. To exercise the rights, powers and duties which have 11 been vested in the Department of Public Safety by the State 12 Police Radio Act. 13 3. To exercise the rights, powers and duties which have 14 been vested in the Department of Public Safety by the 15 Criminal Identification Act. 16 4. To (a) investigate the origins, activities, personnel 17 and incidents of crime and the ways and means to redress the 18 victims of crimes, and study the impact, if any, of 19 legislation relative to the effusion of crime and growing 20 crime rates, and enforce the criminal laws of this State 21 related thereto, (b) enforce all laws regulating the 22 production, sale, prescribing, manufacturing, administering, 23 transporting, having in possession, dispensing, delivering, 24 distributing, or use of controlled substances and cannabis, 25 (c) employ skilled experts, scientists, technicians, 26 investigators or otherwise specially qualified persons to aid 27 in preventing or detecting crime, apprehending criminals, or 28 preparing and presenting evidence of violations of the 29 criminal laws of the State, (d) cooperate with the police of 30 cities, villages and incorporated towns, and with the police 31 officers of any county, in enforcing the laws of the State 32 and in making arrests and recovering property, (e) apprehend 33 and deliver up any person charged in this State or any other 34 State of the United States with treason, felony, or other HB1432 Engrossed -19- LRB9103140PTpk 1 crime, who has fled from justice and is found in this State, 2 and (f) conduct such other investigations as may be provided 3 by law. Persons exercising these powers within the Department 4 are conservators of the peace and as such have all the powers 5 possessed by policemen in cities and sheriffs, except that 6 they may exercise such powers anywhere in the State in 7 cooperation with and after contact with the local law 8 enforcement officials. Such persons may use false or 9 fictitious names in the performance of their duties under 10 this paragraph, upon approval of the Director, and shall not 11 be subject to prosecution under the criminal laws for such 12 use. 13 5. To: (a) be a central repository and custodian of 14 criminal statistics for the State, (b) be a central 15 repository for criminal history record information, (c) 16 procure and file for record such information as is necessary 17 and helpful to plan programs of crime prevention, law 18 enforcement and criminal justice, (d) procure and file for 19 record such copies of fingerprints, as may be required by 20 law, (e) establish general and field crime laboratories, (f) 21 register and file for record such information as may be 22 required by law for the issuance of firearm owner's 23 identification cards, (g) employ polygraph operators, 24 laboratory technicians and other specially qualified persons 25 to aid in the identification of criminal activity, and (h) 26 undertake such other identification, information, laboratory, 27 statistical or registration activities as may be required by 28 law. 29 5.5. Provide, when an individual is arrested, that the 30 following information must be made available to the news 31 media for inspection and copying: 32 (a) Information that identifies the person, 33 including the name, age, address, and photograph, when 34 and if available. HB1432 Engrossed -20- LRB9103140PTpk 1 (b) Information detailing any charges relating to 2 the arrest. 3 (c) The time and location of the arrest. 4 (d) The name of the investigating or arresting law 5 enforcement agency. 6 (e) If incarcerated, the amount of any bail or 7 bond. 8 (f) If incarcerated, the time and date that the 9 individual was received, discharged, or transferred from 10 the arresting agency's custody. 11 (1) The information required by this paragraph 12 must be made available to the news media for 13 inspection and copying as soon as practicable, but 14 in no event shall the time period exceed 72 hours 15 from the arrest. The information described in 16 subparagraphs (c), (d), (e), and (f) of this 17 paragraph, however, may be withheld if it is 18 determined that disclosure would (i) interfere with 19 pending or actually and reasonably contemplated law 20 enforcement proceedings conducted by any law 21 enforcement or correctional agency; (ii) endanger 22 the life or physical safety of law enforcement or 23 correctional personnel or any other person; or (iii) 24 compromise the security of any correctional 25 facility. 26 (2) For the purposes of this paragraph, the 27 term "news media" means personnel of a newspaper or 28 other periodical issued at regular intervals, a news 29 service, a radio station, a television station, a 30 community antenna television service, or a person or 31 corporation engaged in making news reels or other 32 motion picture news for public showing. 33 (3) Each law enforcement or correctional 34 agency may charge fees for arrest records, but in no HB1432 Engrossed -21- LRB9103140PTpk 1 instance may the fee exceed the actual cost of 2 copying and reproduction. The fees may not include 3 the cost of the labor used to reproduce the arrest 4 record. 5 (4) The provisions of this paragraph do not 6 supersede the confidentiality provisions for arrest 7 records of the Juvenile Court Act. 8 6. To (a) acquire and operate one or more radio 9 broadcasting stations in the State to be used for police 10 purposes, (b) operate a statewide communications network to 11 gather and disseminate information for law enforcement 12 agencies, (c) operate an electronic data processing and 13 computer center for the storage and retrieval of data 14 pertaining to criminal activity, and (d) undertake such other 15 communication activities as may be required by law. 16 7. To provide, as may be required by law, assistance to 17 local law enforcement agencies through (a) training, 18 management and consultant services for local law enforcement 19 agencies, and (b) the pursuit of research and the publication 20 of studies pertaining to local law enforcement activities. 21 8. To exercise the rights, powers and duties which have 22 been vested in the Department of State Police and the 23 Director of the Department of State Police by the Narcotic 24 Control Division Abolition Act. 25 9. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the 27 Illinois Vehicle Code. 28 10. To exercise the rights, powers and duties which have 29 been vested in the Department of Public Safety by the Firearm 30 Owners Identification Card Act. 31 11. To enforce and administer such other laws in 32 relation to law enforcement as may be vested in the 33 Department. 34 12. To transfer jurisdiction of any realty title to HB1432 Engrossed -22- LRB9103140PTpk 1 which is held by the State of Illinois under the control of 2 the Department to any other department of the State 3 government or to the State Employees Housing Commission, or 4 to acquire or accept Federal land, when such transfer, 5 acquisition or acceptance is advantageous to the State and is 6 approved in writing by the Governor. 7 13. With the written approval of the Governor, to enter 8 into agreements with other departments created by this Act, 9 for the furlough of inmates of the penitentiary to such other 10 departments for their use in research programs being 11 conducted by them. 12 For the purpose of participating in such research 13 projects, the Department may extend the limits of any 14 inmate's place of confinement, when there is reasonable cause 15 to believe that the inmate will honor his or her trust by 16 authorizing the inmate, under prescribed conditions, to leave 17 the confines of the place unaccompanied by a custodial agent 18 of the Department. The Department shall make rules governing 19 the transfer of the inmate to the requesting other department 20 having the approved research project, and the return of such 21 inmate to the unextended confines of the penitentiary. Such 22 transfer shall be made only with the consent of the inmate. 23 The willful failure of a prisoner to remain within the 24 extended limits of his or her confinement or to return within 25 the time or manner prescribed to the place of confinement 26 designated by the Department in granting such extension shall 27 be deemed an escape from custody of the Department and 28 punishable as provided in Section 3-6-4 of the Unified Code 29 of Corrections. 30 14. To provide investigative services, with all of the 31 powers possessed by policemen in cities and sheriffs, in and 32 around all race tracks subject to the Horse Racing Act of 33 1975. 34 15. To expend such sums as the Director deems necessary HB1432 Engrossed -23- LRB9103140PTpk 1 from Contractual Services appropriations for the Division of 2 Criminal Investigation for the purchase of evidence and for 3 the employment of persons to obtain evidence. Such sums shall 4 be advanced to agents authorized by the Director to expend 5 funds, on vouchers signed by the Director. 6 16. To assist victims and witnesses in gang crime 7 prosecutions through the administration of funds appropriated 8 from the Gang Violence Victims and Witnesses Fund to the 9 Department. Such funds shall be appropriated to the 10 Department and shall only be used to assist victims and 11 witnesses in gang crime prosecutions and such assistance may 12 include any of the following: 13 (a) temporary living costs; 14 (b) moving expenses; 15 (c) closing costs on the sale of private residence; 16 (d) first month's rent; 17 (e) security deposits; 18 (f) apartment location assistance; 19 (g) other expenses which the Department considers 20 appropriate; and 21 (h) compensation for any loss of or injury to real 22 or personal property resulting from a gang crime to a 23 maximum of $5,000, subject to the following provisions: 24 (1) in the case of loss of property, the 25 amount of compensation shall be measured by the 26 replacement cost of similar or like property which 27 has been incurred by and which is substantiated by 28 the property owner, 29 (2) in the case of injury to property, the 30 amount of compensation shall be measured by the cost 31 of repair incurred and which can be substantiated by 32 the property owner, 33 (3) compensation under this provision is a 34 secondary source of compensation and shall be HB1432 Engrossed -24- LRB9103140PTpk 1 reduced by any amount the property owner receives 2 from any other source as compensation for the loss 3 or injury, including, but not limited to, personal 4 insurance coverage, 5 (4) no compensation may be awarded if the 6 property owner was an offender or an accomplice of 7 the offender, or if the award would unjustly benefit 8 the offender or offenders, or an accomplice of the 9 offender or offenders. 10 No victim or witness may receive such assistance if he or 11 she is not a part of or fails to fully cooperate in the 12 prosecution of gang crime members by law enforcement 13 authorities. 14 The Department shall promulgate any rules necessary for 15 the implementation of this amendatory Act of 1985. 16 17. To conduct arson investigations. 17 18. To develop a separate statewide statistical police 18 contact record keeping system for the study of juvenile 19 delinquency. The records of this police contact system shall 20 be limited to statistical information. No individually 21 identifiable information shall be maintained in the police 22 contact statistical record system. 23 19. To develop a separate statewide central juvenile 24 records system for persons arrested prior to the age of 17 25 under Section 5-401 of the Juvenile Court Act of 1987 or 26 adjudicated delinquent minors and to make information 27 available to local law enforcement officers so that law 28 enforcement officers will be able to obtain rapid access to 29 the background of the minor from other jurisdictions to the 30 end that the juvenile police officers can make appropriate 31 decisions which will best serve the interest of the child and 32 the community. The Department shall submit a quarterly 33 report to the General Assembly and Governor which shall 34 contain the number of juvenile records that the Department HB1432 Engrossed -25- LRB9103140PTpk 1 has received in that quarter and,a list, by category, of 2 offenses that minors were arrested for or convicted of by 3 age, race and gender. 4 20. To develop rules which guarantee the confidentiality 5 of such individually identifiable juvenile records except to 6 juvenile authorities who request information concerning the 7 minor and who certify in writing that the information will 8 not be disclosed to any other party except as provided under 9 law or order of court. For purposes of this Section, 10 "juvenile authorities" means: (i) a judge of the circuit 11 court and members of the staff of the court designated by the 12 judge; (ii) parties to the proceedings under the Juvenile 13 Court Act of 1987 and their attorneys; (iii) probation 14 officers and court appointed advocates for the juvenile 15 authorized by the judge hearing the case; (iv) any individual 16 or,public orofprivate agency having custody of the child 17 pursuant to court order; (v) any individual or,public or 18 private agency providing education, medical or mental health 19 service to the child when the requested information is needed 20 to determine the appropriate service or treatment for the 21 minor; (vi) any potential placement provider when such 22 release is authorized by the court for the limited purpose of 23 determining the appropriateness of the potential placement; 24 (vii) law enforcement officers and prosecutors; (viii) adult 25 and juvenile prisoner review boards; (ix) authorized military 26 personnel; (x) individuals authorized by court; (xi) the 27 Illinois General Assembly or any committee or commission 28 thereof. 29 21. To develop administrative rules and administrative 30 hearing procedures which allow a minor, his or her attorney, 31 and his or her parents or guardian access to individually 32 identifiable juvenile records for the purpose of determining 33 or challenging the accuracy of the records. Final 34 administrative decisions shall be subject to the provisions HB1432 Engrossed -26- LRB9103140PTpk 1 of the Administrative Review Law. 2 22. To charge, collect, and receive fees or moneys 3 equivalent to the cost of providing Department of State 4 Police personnel, equipment, and services to local 5 governmental agencies when explicitly requested by a local 6 governmental agency and pursuant to an intergovernmental 7 agreement as provided by this Section, other State agencies, 8 and federal agencies, including but not limited to fees or 9 moneys equivalent to the cost of providing dispatching 10 services, radio and radar repair, and training to local 11 governmental agencies on such terms and conditions as in the 12 judgment of the Director are in the best interest of the 13 State; and to establish, charge, collect and receive fees or 14 moneys based on the cost of providing responses to requests 15 for criminal history record information pursuant to positive 16 identification and any Illinois or federal law authorizing 17 access to some aspect of such information and to prescribe 18 the form and manner for requesting and furnishing such 19 information to the requestor on such terms and conditions as 20 in the judgment of the Director are in the best interest of 21 the State, provided fees for requesting and furnishing 22 criminal history record information may be waived for 23 requests in the due administration of the criminal laws. The 24 Department may also charge, collect and receive fees or 25 moneys equivalent to the cost of providing electronic data 26 processing lines or related telecommunication services to 27 local governments, but only when such services can be 28 provided by the Department at a cost less than that 29 experienced by said local governments through other means. 30 All services provided by the Department shall be conducted 31 pursuant to contracts in accordance with the 32 Intergovernmental Cooperation Act, and all telecommunication 33 services shall be provided pursuant to the provisions of 34 Section 67.18 of this Code. HB1432 Engrossed -27- LRB9103140PTpk 1 All fees received by the Department of State Police under 2 this Act or the Illinois Uniform Conviction Information Act 3 shall be deposited in a special fund in the State Treasury to 4 be known as the State Police Services Fund. The money 5 deposited in the State Police Services Fund shall be 6 appropriated to the Department of State Police for expenses 7 of the Department of State Police. 8 Upon the completion of any audit of the Department of 9 State Police as prescribed by the Illinois State Auditing 10 Act, which audit includes an audit of the State Police 11 Services Fund, the Department of State Police shall make the 12 audit open to inspection by any interested person. 13 23. To exercise the powers and perform the duties which 14 have been vested in the Department of State Police by the 15 Intergovernmental Missing Child Recovery Act of 1984, and to 16 establish reasonable rules and regulations necessitated 17 thereby. 18 24. (a) To establish and maintain a statewide Law 19 Enforcement Agencies Data System (LEADS) for the purpose of 20 providing electronic access by authorized entities to 21 criminal justice data repositories and effecting an immediate 22 law enforcement response to reports of missing persons, 23 including lost, missing or runaway minors. The Department 24 shall implement an automatic data exchange system to compile, 25 to maintain and to make available to other law enforcement 26 agencies for immediate dissemination data which can assist 27 appropriate agencies in recovering missing persons and 28 provide access by authorized entities to various data 29 repositories available through LEADS for criminal justice and 30 related purposes. To assist the Department in this effort, 31 funds may be appropriated from the LEADS Maintenance Fund. 32 (b) In exercising its duties under this subsection, the 33 Department shall: 34 (1) provide a uniform reporting format for the HB1432 Engrossed -28- LRB9103140PTpk 1 entry of pertinent information regarding the report of a 2 missing person into LEADS; 3 (2) develop and implement a policy whereby a 4 statewide or regional alert would be used in situations 5 relating to the disappearances of individuals, based on 6 criteria and in a format established by the Department. 7 Such a format shall include, but not be limited to, the 8 age of the missing person and the suspected circumstance 9 of the disappearance; 10 (3) notify all law enforcement agencies that 11 reports of missing persons shall be entered as soon as 12 the minimum level of data specified by the Department is 13 available to the reporting agency, and that no waiting 14 period for the entry of such data exists; 15 (4) compile and retain information regarding lost, 16 abducted, missing or runaway minors in a separate data 17 file, in a manner that allows such information to be used 18 by law enforcement and other agencies deemed appropriate 19 by the Director, for investigative purposes. Such 20 information shall include the disposition of all reported 21 lost, abducted, missing or runaway minor cases; 22 (5) compile and maintain an historic data 23 repository relating to lost, abducted, missing or runaway 24 minors and other missing persons in order to develop and 25 improve techniques utilized by law enforcement agencies 26 when responding to reports of missing persons; and 27 (6) create a quality control program regarding 28 confirmation of missing person data, timeliness of 29 entries of missing person reports into LEADS and 30 performance audits of all entering agencies. 31 25. On request of a school board or regional 32 superintendent of schools, to conduct an inquiry pursuant to 33 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 34 an applicant for employment in a school district has been HB1432 Engrossed -29- LRB9103140PTpk 1 convicted of any criminal or drug offenses enumerated in 2 Section 10-21.9 or 34-18.5 of the School Code. The 3 Department shall furnish such conviction information to the 4 President of the school board of the school district which 5 has requested the information, or if the information was 6 requested by the regional superintendent to that regional 7 superintendent. 8 26. To promulgate rules and regulations necessary for 9 the administration and enforcement of its powers and duties, 10 wherever granted and imposed, pursuant to the Illinois 11 Administrative Procedure Act. 12 27. To (a) promulgate rules pertaining to the 13 certification, revocation of certification and training of 14 law enforcement officers as electronic criminal surveillance 15 officers, (b) provide training and technical assistance to 16 State's Attorneys and local law enforcement agencies 17 pertaining to the interception of private oral 18 communications, (c) promulgate rules necessary for the 19 administration of Article 108B of the Code of Criminal 20 Procedure of 1963, including but not limited to standards for 21 recording and minimization of electronic criminal 22 surveillance intercepts, documentation required to be 23 maintained during an intercept, procedures in relation to 24 evidence developed by an intercept, and (d) charge a 25 reasonable fee to each law enforcement agency that sends 26 officers to receive training as electronic criminal 27 surveillance officers. 28 28. Upon the request of any private organization which 29 devotes a major portion of its time to the provision of 30 recreational, social, educational or child safety services to 31 children, to conduct, pursuant to positive identification, 32 criminal background investigations of all of that 33 organization's current employees, current volunteers, 34 prospective employees or prospective volunteers charged with HB1432 Engrossed -30- LRB9103140PTpk 1 the care and custody of children during the provision of the 2 organization's services, and to report to the requesting 3 organization any record of convictions maintained in the 4 Department's files about such persons. The Department shall 5 charge an application fee, based on actual costs, for the 6 dissemination of conviction information pursuant to this 7 subsection. The Department is empowered to establish this 8 fee and shall prescribe the form and manner for requesting 9 and furnishing conviction information pursuant to this 10 subsection. Information received by the organization from the 11 Department concerning an individual shall be provided to such 12 individual. Any such information obtained by the 13 organization shall be confidential and may not be transmitted 14 outside the organization and may not be transmitted to anyone 15 within the organization except as needed for the purpose of 16 evaluating the individual. Only information and standards 17 which bear a reasonable and rational relation to the 18 performance of child care shall be used by the organization. 19 Any employee of the Department or any member, employee or 20 volunteer of the organization receiving confidential 21 information under this subsection who gives or causes to be 22 given any confidential information concerning any criminal 23 convictions of an individual shall be guilty of a Class A 24 misdemeanor unless release of such information is authorized 25 by this subsection. 26 29. Upon the request of the Department of Children and 27 Family Services, to investigate reports of child abuse or 28 neglect. 29 30. To obtain registration of a fictitious vital record 30 pursuant to Section 15.1 of the Vital Records Act. 31 31. To collect and disseminate information relating to 32 "hate crimes" as defined under Section 12-7.1 of the Criminal 33 Code of 1961 contingent upon the availability of State or 34 Federal funds to revise and upgrade the Illinois Uniform HB1432 Engrossed -31- LRB9103140PTpk 1 Crime Reporting System. All law enforcement agencies shall 2 report monthly to the Department of State Police concerning 3 such offenses in such form and in such manner as may be 4 prescribed by rules and regulations adopted by the Department 5 of State Police. Such information shall be compiled by the 6 Department and be disseminated upon request to any local law 7 enforcement agency, unit of local government, or state 8 agency. Dissemination of such information shall be subject 9 to all confidentiality requirements otherwise imposed by law. 10 The Department of State Police shall provide training for 11 State Police officers in identifying, responding to, and 12 reporting all hate crimes. The Illinois Law Enforcement 13 Training Standards Board shall develop and certify a course 14 of such training to be made available to local law 15 enforcement officers. 16 32. Upon the request of a private carrier company that 17 provides transportation under Section 28b of the Metropolitan 18 Transit Authority Act, to ascertain if an applicant for a 19 driver position has been convicted of any criminal or drug 20 offense enumerated in Section 28b of the Metropolitan Transit 21 Authority Act. The Department shall furnish the conviction 22 information to the private carrier company that requested the 23 information. 24 33. To apply for grants or contracts, receive, expend, 25 allocate, or disburse funds and moneys made available by 26 public or private entities, including, but not limited to, 27 contracts, bequests, grants, or receiving equipment from 28 corporations, foundations, or public or private institutions 29 of higher learning. All funds received by the Department 30 from these sources shall be deposited into the appropriate 31 fund in the State Treasury to be appropriated to the 32 Department for purposes as indicated by the grantor or 33 contractor or, in the case of funds or moneys bequeathed or 34 granted for no specific purpose, for any purpose as deemed HB1432 Engrossed -32- LRB9103140PTpk 1 appropriate by the Director in administering the 2 responsibilities of the Department. 3 34. Upon the request of the Department of Children and 4 Family Services, the Department of State Police shall provide 5 properly designated employees of the Department of Children 6 and Family Services with criminal history record information 7 as defined in the Illinois Uniform Conviction Information Act 8 and information maintained in the Statewide Central Juvenile 9 record system as defined in subdivision (A)19 of this Section 10 if the Department of Children and Family Services determines 11 the information is necessary to perform its duties under the 12 Abused and Neglected Child Reporting Act, the Child Care Act 13 of 1969, and the Children and Family Services Act. The 14 request shall be in the form and manner specified by the 15 Department of State Police. 16 35. The Illinois Department of Public Aid is an 17 authorized entity under this Section for the purpose of 18 exchanging information, in the form and manner required by 19 the Department of State Police,obtaining access to various20data repositories available through LEADS,to facilitate the 21 location of individuals for establishing paternity, and 22 establishing, modifying, and enforcing child support 23 obligations, pursuant to the Illinois Public Aid Code and 24 Title IV, PartSectionD of the Social Security Act.The25Department shall enter into an agreement with the Illinois26Department of Public Aid consistent with these purposes.27 36. Upon request of the Department of Human Services, to 28 conduct an assessment and evaluation of sexually violent 29 persons as mandated by the Sexually Violent Persons 30 Commitment Act, the Department shall furnish criminal history 31 information maintained on the requested person. The request 32 shall be in the form and manner specified by the Department. 33 (B) The Department of State Police may establish and 34 maintain, within the Department of State Police, a Statewide HB1432 Engrossed -33- LRB9103140PTpk 1 Organized Criminal Gang Database (SWORD) for the purpose of 2 tracking organized criminal gangs and their memberships. 3 Information in the database may include, but not be limited 4 to, the name, last known address, birth date, physical 5 descriptions (such as scars, marks, or tattoos), officer 6 safety information, organized gang affiliation, and entering 7 agency identifier. The Department may develop, in 8 consultation with the Criminal Justice Information Authority, 9 and in a form and manner prescribed by the Department, an 10 automated data exchange system to compile, to maintain, and 11 to make this information electronically available to 12 prosecutors and to other law enforcement agencies. The 13 information may be used by authorized agencies to combat the 14 operations of organized criminal gangs statewide. 15 (C) The Department of State Police may ascertain the 16 number of bilingual police officers and other personnel 17 needed to provide services in a language other than English 18 and may establish, under applicable personnel rules and 19 Department guidelines or through a collective bargaining 20 agreement, a bilingual pay supplement program. 21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 22 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 23 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 24 1-21-99.) 25 Section 15. The Local Records Act is amended by adding 26 Section 3b as follows: 27 (50 ILCS 205/3b new) 28 Sec. 3b. Arrest reports. 29 (a) When an individual is arrested, the following 30 information must be made available to the news media for 31 inspection and copying: 32 (1) Information that identifies the person, HB1432 Engrossed -34- LRB9103140PTpk 1 including the name, age, address, and photograph, when 2 and if available. 3 (2) Information detailing any charges relating to 4 the arrest. 5 (3) The time and location of the arrest. 6 (4) The name of the investigating or arresting law 7 enforcement agency. 8 (5) If incarcerated, the amount of any bail or 9 bond. 10 (6) If incarcerated, the time and date that the 11 individual was received, discharged, or transferred from 12 the arresting agency's custody. 13 (b) The information required by this Section must be 14 made available to the news media for inspection and copying 15 as soon as practicable, but in no event shall the time period 16 exceed 72 hours from the arrest. The information described 17 in paragraphs 3, 4, 5, and 6 of subsection (a), however, may 18 be withheld if it is determined that disclosure would: 19 (1) interfere with pending or actually and 20 reasonably contemplated law enforcement proceedings 21 conducted by any law enforcement or correctional agency; 22 (2) endanger the life or physical safety of law 23 enforcement or correctional personnel or any other 24 person; or 25 (3) compromise the security of any correctional 26 facility. 27 (c) For the purposes of this Section the term "news 28 media" means personnel of a newspaper or other periodical 29 issued at regular intervals, a news service, a radio station, 30 a television station, a community antenna television service, 31 or a person or corporation engaged in making news reels or 32 other motion picture news for public showing. 33 (d) Each law enforcement or correctional agency may 34 charge fees for arrest records, but in no instance may the HB1432 Engrossed -35- LRB9103140PTpk 1 fee exceed the actual cost of copying and reproduction. The 2 fees may not include the cost of the labor used to reproduce 3 the arrest record. 4 (e) The provisions of this Section do not supersede the 5 confidentiality provisions for arrest records of the Juvenile 6 Court Act. 7 Section 20. The Campus Security Act is amended by adding 8 Section 15 as follows: 9 (110 ILCS 12/15 new) 10 Sec. 15. Arrest reports. 11 (a) When an individual is arrested, the following 12 information must be made available to the news media for 13 inspection and copying: 14 (1) Information that identifies the person, 15 including the name, age, address, and photograph, when 16 and if available. 17 (2) Information detailing any charges relating to 18 the arrest. 19 (3) The time and location of the arrest. 20 (4) The name of the investigating or arresting law 21 enforcement agency. 22 (5) If incarcerated, the amount of any bail or 23 bond. 24 (6) If incarcerated, the time and date that the 25 individual was received, discharged, or transferred from 26 the arresting agency's custody. 27 (b) The information required by this Section must be 28 made available to the news media for inspection and copying 29 as soon as practicable, but in no event shall the time period 30 exceed 72 hours from the arrest. The information described 31 in paragraphs 3, 4, 5, and 6 of subsection (a), however, may 32 be withheld if it is determined that disclosure would: HB1432 Engrossed -36- LRB9103140PTpk 1 (1) interfere with pending or actually and 2 reasonably contemplated law enforcement proceedings 3 conducted by any law enforcement or correctional agency; 4 (2) endanger the life or physical safety of law 5 enforcement or correctional personnel or any other 6 person; or 7 (3) compromise the security of any correctional 8 facility. 9 (c) For the purposes of this Section the term "news 10 media" means personnel of a newspaper or other periodical 11 issued at regular intervals, a news service, a radio station, 12 a television station, a community antenna television service, 13 or a person or corporation engaged in making news reels or 14 other motion picture news for public showing. 15 (d) Each law enforcement or correctional agency may 16 charge fees for arrest records, but in no instance may the 17 fee exceed the actual cost of copying and reproduction. The 18 fees may not include the cost of the labor used to reproduce 19 the arrest record. 20 (e) The provisions of this Section do not supersede the 21 confidentiality provisions for arrest records of the Juvenile 22 Court Act. 23 Section 95. No acceleration or delay. Where this Act 24 makes changes in a statute that is represented in this Act by 25 text that is not yet or no longer in effect (for example, a 26 Section represented by multiple versions), the use of that 27 text does not accelerate or delay the taking effect of (i) 28 the changes made by this Act or (ii) provisions derived from 29 any other Public Act. 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.