SB1345 101ST GENERAL ASSEMBLY

LRB101 07849 HEP 52903 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1345

Introduced 2/13/2019, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:

5 ILCS 140/2.15

Amends the Freedom of Information Act. Provides that a booking photograph shall be furnished within 72 hours after the arrest only if there is an imminent threat to public or personal safety. Provides that any person or entity engaged in publishing or otherwise disseminating criminal record information through print or electronic media shall not make booking photographs available for publishing prior to an arrestee's conviction of the crime, except a booking photograph shall be made available for publishing if the booking photograph would assist in addressing an imminent threat to public or personal safety, as determined by the chief law enforcement officer.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Freedom of Information Act is amended by changing Section 2.15 as follows:

(5 ILCS 140/2.15)

Sec. 2.15. Arrest reports and criminal history records.

(a) Arrest reports. The following chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished as soon as practical, but in no event later than 72 hours after the arrest, notwithstanding the time limits otherwise provided for in Section 3 of this Act: (i) information that identifies the individual, including the name, age, and address, and photograph, when and if available; (ii) information detailing any charges relating to the arrest; (iii) the time and location of the arrest; (iv) the name of the investigating or arresting law enforcement agency; (v) if the individual is incarcerated, the amount of any bail or bond; and (vi) if the individual is incarcerated, the time and date that the individual was received into, discharged from, or transferred from the arresting agency's custody; and (vii) the booking photograph, but only if there is an imminent threat to public or personal safety.

(b) Criminal history records. The following documents maintained by a public body pertaining to criminal history record information are public records subject to inspection and copying by the public pursuant to this Act: (i) court records that are public; (ii) records that are otherwise available under State or local law; and (iii) records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi).

(c) Information described in items (iii) through (vi) of subsection (a) may be withheld if it is determined that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency; (ii) endanger the life or physical safety of law enforcement or correctional personnel or any other person; or (iii) compromise the security of any correctional facility.

(d) The provisions of this Section do not supersede the confidentiality provisions for law enforcement or arrest records of the Juvenile Court Act of 1987.

(e) A Notwithstanding the requirements of subsection (a), a law enforcement agency may not publish booking photographs, commonly known as "mugshots", on its social media website in connection with civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors unless the booking photograph is posted to social media to assist in the search for a missing person or to assist in the search for a fugitive, person of interest, or individual wanted in relation to a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor.

(f) Any person or entity engaged in publishing or otherwise disseminating criminal record information through print or electronic media shall not make booking photographs available for publishing prior to an arrestee's conviction of the crime, except a booking photograph shall be made available for publishing if the booking photograph would assist in addressing an imminent threat to public or personal safety, as determined by the chief law enforcement officer.

(Source: P.A. 99-298, eff. 8-6-15; 100-927, eff. 1-1-19.)