101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3001

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 205/3b

    Amends the Local Records Act. Provides that various information after an individual's arrest must be made available to the news media for inspection and copying as soon as practicable after the individual's arraignment (rather than in no event shall the time period exceed 72 hours from the arrest).


LRB101 05047 SLF 50057 b

 

 

A BILL FOR

 

HB3001LRB101 05047 SLF 50057 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Records Act is amended by changing
5Section 3b as follows:
 
6    (50 ILCS 205/3b)
7    Sec. 3b. Arrest records and reports.
8    (a) When an individual is arrested, the following
9information must be made available to the news media for
10inspection and copying:
11        (1) Information that identifies the individual,
12    including the name, age, address, and photograph, when and
13    if available.
14        (2) Information detailing any charges relating to the
15    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 the individual is incarcerated, the amount of
20    any bail or bond.
21        (6) If the individual is incarcerated, the time and
22    date that the individual was received, discharged, or
23    transferred from the arresting agency's custody.

 

 

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1    (b) The information required by this Section must be made
2available to the news media for inspection and copying as soon
3as practicable after the individual's arraignment under
4Article 113 of the Code of Criminal Procedure of 1963 , but in
5no event shall the time period exceed 72 hours from the arrest.
6The information described in paragraphs (3), (4), (5), and (6)
7of subsection (a), however, may be withheld if it is determined
8that disclosure would:
9        (1) interfere with pending or actually and reasonably
10    contemplated law enforcement proceedings conducted by any
11    law enforcement or correctional agency;
12        (2) endanger the life or physical safety of law
13    enforcement or correctional personnel or any other person;
14    or
15        (3) compromise the security of any correctional
16    facility.
17    (c) For the purposes of this Section the term "news media"
18means personnel of a newspaper or other periodical issued at
19regular intervals whether in print or electronic format, a news
20service whether in print or electronic format, a radio station,
21a television station, a television network, a community antenna
22television service, or a person or corporation engaged in
23making news reels or other motion picture news for public
24showing.
25    (d) Each law enforcement or correctional agency may charge
26fees for arrest records, but in no instance may the fee exceed

 

 

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1the actual cost of copying and reproduction. The fees may not
2include the cost of the labor used to reproduce the arrest
3record.
4    (e) The provisions of this Section do not supersede the
5confidentiality provisions for arrest records of the Juvenile
6Court Act of 1987.
7    (f) All information, including photographs, made available
8under this Section is subject to the provisions of Section 2QQQ
9of the Consumer Fraud and Deceptive Business Practices Act.
10(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)