State of Illinois
91st General Assembly
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Public Act 91-0176

SB1150 Enrolled                                LRB9106150DHmg

    AN ACT  to  amend  the  Criminal  Identification  Act  by
changing Section 3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal Identification Act is amended by
changing Section 3 as follows:

    (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
    Sec. 3.  Information to be furnished peace  officers  and
commanding  officers  of  certain  military  installations in
Illinois.
    (A) The Department shall file or cause to  be  filed  all
plates,    photographs,   outline   pictures,   measurements,
descriptions and information which shall be received by it by
virtue of its office and shall make a complete and systematic
record and index of the same, providing thereby a  method  of
convenient  reference  and  comparison.  The Department shall
furnish, upon application, all information pertaining to  the
identification of any person or persons, a plate, photograph,
outline  picture,  description,  measurements, or any data of
which there is a record in its office. Such information shall
be furnished to peace officers of the United States, of other
states or territories, of  the  Insular  possessions  of  the
United  States,  of  foreign  countries  duly  authorized  to
receive  the  same,  to  all  peace  officers of the State of
Illinois, to investigators of the  Illinois  Law  Enforcement
Training Standards Board and, conviction information only, to
units  of  local  government,  school  districts  and private
organizations, under the provisions of  Section  55a  of  the
Civil  Administrative Code of Illinois. Applications shall be
in writing and accompanied by a certificate,  signed  by  the
peace officer or chief administrative officer or his designee
making  such  application, to the effect that the information
applied for is necessary in the interest of and will be  used
solely  in the due administration of the criminal laws or for
the purpose of evaluating the qualifications and character of
employees  or  prospective  employees  of  units   of   local
government and school districts and of employees, prospective
employees,  volunteers, or prospective volunteers of units of
local  government,  school  districts,   and   such   private
organizations.
    For    the    purposes   of   this   subsection,   "chief
administrative officer" is defined as follows:
         a)  The city manager of a city or, if  a  city  does
    not employ a city manager, the mayor of the city.
         b)  The  manager  of a village or, if a village does
    not employ a manager, the president of the village.
         c)  The chairman or president of a county board  or,
    if  a  county  has  adopted  the county executive form of
    government, the chief executive officer of the county.
         d)  The president of the school board  of  a  school
    district.
         e)  The supervisor of a township.
         f)  The   official  granted  general  administrative
    control  of  a  special  district,   an   authority,   or
    organization of government establishment by law which may
    issue  obligations  and  which either may levy a property
    tax or may expend funds of the  district,  authority,  or
    organization   independently   of   any  parent  unit  of
    government.
         g)  The   executive    officer    granted    general
    administrative  control of a private organization defined
    in  subsection  27  of   Section   55a   of   the   Civil
    Administrative Code of Illinois.
    (B)  Upon   written   application  and  payment  of  fees
authorized by this subsection, State agencies  and  units  of
local   government,   not  including  school  districts,  are
authorized to submit fingerprints of  employees,  prospective
employees  and  license  applicants to the Department for the
purpose of obtaining conviction information maintained by the
Department and the Federal Bureau of Investigation about such
persons.  The Department shall submit  such  fingerprints  to
the  Federal  Bureau  of  Investigation  on  behalf  of  such
agencies and units of local government.  The Department shall
charge  an  application  fee,  based on actual costs, for the
dissemination of  conviction  information  pursuant  to  this
subsection.   The  Department  is empowered to establish this
fee and shall prescribe the form and  manner  for  requesting
and   furnishing  conviction  information  pursuant  to  this
subsection.
    (C)  Upon payment of fees authorized by this  subsection,
the  Department  shall furnish to the commanding officer of a
military installation in  Illinois  having  an  arms  storage
facility,  upon written request of such commanding officer or
his designee, and in the form and manner  prescribed  by  the
Department,   all   criminal   history   record   information
pertaining to any individual seeking access to such a storage
facility,  where  such  information  is  sought pursuant to a
federally-mandated security or criminal history check.
    The Department shall establish and charge a fee,  not  to
exceed  actual  costs,  for providing information pursuant to
this subsection.
(Source: P.A. 88-461; 88-586, eff. 8-12-94.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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