Public Act 098-1063
 
HB4216 EnrolledLRB098 15819 JLK 50858 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Local Records Act is amended  by changing 
Section 4 as follows:
 



    (50 ILCS 205/4)  (from Ch. 116, par. 43.104)



    Sec. 4. 
All public records made or received by, or under 
the
authority of, or coming into the custody, control or 
possession of any
officer or agency shall not be mutilated, 
destroyed, transferred,
removed or otherwise damaged or 
disposed of, in whole or in part, except
as provided by law. 
Any person who knowingly, without lawful authority and with the 
intent to defraud any party, public officer, or entity, alters, 
destroys, defaces, removes, or conceals any public record 
commits a Class 4 felony. 

    Court records filed with the clerks of the Circuit Court 
shall be
destroyed in accordance with the Supreme
Court's 
General Administrative Order on Recordkeeping in the Circuit

Courts. The clerks of the Circuit Courts shall notify the 
Supreme Court,
in writing, specifying case records or other 
documents which they intend to
destroy. The Supreme Court shall 
review the schedule of items to be destroyed
and notify the 
appropriate Local Records Commission of the Court's intent to

destroy such records. The Local Records Commission, within 90 
days after
receipt of the Supreme Court's notice, may undertake 
to photograph,
microphotograph, or digitize electronically any 
or all such records and
documents, or, in the
alternative, may 
transport such original records to the State Archives
or other 
storage location under its supervision.

    The Archivist may accept for deposit in the State Archives 
or
regional depositories official papers, drawings, maps, 
writings and
records of every description of counties, 
municipal corporations,
political subdivisions and courts of 
this State, when such materials are
deemed by the Archivist to 
have sufficient historical or other value to
warrant their 
continued preservation by the State of Illinois.

    The officer or clerk depositing such records may, upon 
request,
obtain from the Archivist, without charge, a certified 
copy or
reproduction of any specific record, paper or document 
when such record,
paper or document is required for public use.

(Source: P.A. 89-272, eff. 8-10-95.)