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Public Act 098-0555
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| SB0115 Enrolled | LRB098 04339 JDS 34367 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The State Records Act is amended by changing |
Section 4a as follows:
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(5 ILCS 160/4a)
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Sec. 4a. Arrest reports.
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(a) When an individual is arrested, the following |
information must
be made available to the news media for |
inspection and copying:
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(1) Information that identifies the individual,
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including the name, age, address, and photograph, when and |
if available.
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(2) Information detailing any charges relating to the |
arrest.
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(3) The time and location of the arrest.
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(4) The name of the investigating or arresting law |
enforcement agency.
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(5) If the individual is incarcerated, the amount of |
any bail
or bond.
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(6) If the individual is incarcerated, the time and |
date that the
individual was received, discharged, or |
transferred from the arresting
agency's custody.
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(b) The information required by this Section must be made |
available to the
news media for inspection and copying as soon |
as practicable, but in no event
shall the time period exceed 72 |
hours from the arrest. The information
described in paragraphs |
(3), (4), (5), and (6) of
subsection (a), however, may be |
withheld if it is determined that disclosure
would:
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(1) interfere with pending or actually and reasonably |
contemplated law
enforcement proceedings conducted by any |
law enforcement or correctional
agency;
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(2) endanger the life or physical safety of law |
enforcement or
correctional personnel or any other person; |
or
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(3) compromise the security of any correctional |
facility.
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(c) For the purposes of this Section, the term "news media" |
means personnel
of a newspaper or other periodical issued at |
regular intervals whether in
print or electronic format, a news |
service whether in print or electronic
format, a radio station, |
a television station, a television network, a
community antenna |
television service, or a person or corporation engaged in
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making news reels or other motion picture news for public |
showing.
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(d) Each law enforcement or correctional agency may charge |
fees for arrest
records, but in no instance may the fee exceed |
the actual cost of copying and
reproduction. The fees may not |
include the cost of the labor used to reproduce
the arrest |
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record.
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(e) The provisions of this Section do not supersede the |
confidentiality
provisions for arrest records of the Juvenile |
Court Act of 1987.
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(f) All information, including photographs, made available |
under this Section is subject to the provisions of Section 2QQQ |
of the Consumer Fraud and Deceptive Business Practices Act. |
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; |
92-335, eff.
8-10-01.)
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Section 10. The Local Records Act is amended by changing |
Section 3b as follows:
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(50 ILCS 205/3b)
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Sec. 3b. Arrest reports.
|
(a) When an individual is arrested, the following |
information must
be made available to the news media for |
inspection and copying:
|
(1) Information that identifies the individual,
|
including the name, age, address, and photograph, when and |
if available.
|
(2) Information detailing any charges relating to the |
arrest.
|
(3) The time and location of the arrest.
|
(4) The name of the investigating or arresting law |
enforcement agency.
|
|
(5) If the individual is incarcerated, the amount of |
any bail
or bond.
|
(6) If the individual is incarcerated, the time and |
date that the
individual was received, discharged, or |
transferred from the arresting
agency's custody.
|
(b) The information required by this Section must be made |
available to the
news media for inspection and copying as soon |
as practicable, but in no event
shall the time period exceed 72 |
hours from the arrest. The information
described in paragraphs |
(3), (4), (5), and (6) of subsection (a), however,
may be |
withheld if it is determined that disclosure would:
|
(1) interfere with pending or actually and reasonably |
contemplated law
enforcement proceedings conducted by any |
law enforcement or correctional
agency;
|
(2) endanger the life or physical safety of law |
enforcement or
correctional personnel or any other person; |
or
|
(3) compromise the security of any correctional |
facility.
|
(c) For the purposes of this Section the term "news media" |
means personnel
of a newspaper or other periodical issued at |
regular intervals whether in
print or electronic format, a news |
service whether in print or electronic
format,
a radio station, |
a television station, a television network, a community
antenna |
television service,
or a person or corporation engaged in |
making news reels or other motion picture
news for public |
|
showing.
|
(d) Each law enforcement or correctional agency may charge |
fees for arrest
records, but in no instance may the fee exceed |
the actual cost of copying and
reproduction. The fees may not |
include the cost of the labor used to reproduce
the arrest |
record.
|
(e) The provisions of this Section do not supersede the |
confidentiality
provisions for arrest records of the Juvenile |
Court Act of 1987.
|
(f) All information, including photographs, made available |
under this Section is subject to the provisions of Section 2QQQ |
of the Consumer Fraud and Deceptive Business Practices Act. |
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; |
92-335, eff.
8-10-01.)
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Section 15. The Consumer Fraud and Deceptive Business |
Practices Act is amended by adding Section 2QQQ as follows:
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(815 ILCS 505/2QQQ new) |
Sec. 2QQQ. Criminal record information. |
(a) It is an unlawful practice for any person engaged in |
publishing or otherwise disseminating criminal record |
information through a print or electronic medium to solicit or |
accept the payment of a fee or other consideration to remove, |
correct, or modify said criminal record information. |
(b) For the purposes of this Section, "criminal record |
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information" includes any and all of the following: |
(1) descriptions or notations of any arrests, any |
formal criminal charges, and the disposition of those |
criminal charges, including, but not limited to, any |
information made available under Section 4a of the State |
Records Act or Section 3b of the Local Records Act; |
(2) photographs of the person taken pursuant to an |
arrest or other involvement in the criminal justice system; |
or |
(3) personal identifying information, including a |
person's name, address, date of birth, photograph, and |
social security number or other government-issued |
identification number. |