101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3468

 

Introduced 2/14/2020, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5  from Ch. 38, par. 206-5

    Amends the Criminal Identification Act. Provides that law enforcement records of persons arrested for violations of the Cannabis Regulation and Tax Act or for violations of the Cannabis Control Act involving the manufacture, delivery, or possession with intent to deliver, or manufacture, cannabis and for cannabis possession may only be provided by the Illinois State Police and shall not be provided to any person lawfully entitled to obtain those records by any other law enforcement agency or county sheriff. Effective January 1, 2021.


LRB101 16370 CPF 65748 b

 

 

A BILL FOR

 

SB3468LRB101 16370 CPF 65748 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5 as follows:
 
6    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7    Sec. 5. Arrest reports. All policing bodies of this State
8shall furnish to the Department, daily, in the form and detail
9the Department requires, fingerprints, descriptions, and
10ethnic and racial background data as provided in Section 4.5 of
11this Act of all persons who are arrested on charges of
12violating any penal statute of this State for offenses that are
13classified as felonies and Class A or B misdemeanors and of all
14minors of the age of 10 and over who have been arrested for an
15offense which would be a felony if committed by an adult, and
16may forward such fingerprints and descriptions for minors
17arrested for Class A or B misdemeanors. Moving or nonmoving
18traffic violations under the Illinois Vehicle Code shall not be
19reported except for violations of Chapter 4, Section 11-204.1,
20or Section 11-501 of that Code. In addition, conservation
21offenses, as defined in the Supreme Court Rule 501(c), that are
22classified as Class B misdemeanors shall not be reported. Those
23law enforcement records maintained by the Department for minors

 

 

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1arrested for an offense prior to their 17th birthday, or minors
2arrested for a non-felony offense, if committed by an adult,
3prior to their 18th birthday, shall not be forwarded to the
4Federal Bureau of Investigation unless those records relate to
5an arrest in which a minor was charged as an adult under any of
6the transfer provisions of the Juvenile Court Act of 1987. Law
7enforcement records of persons arrested for violations of the
8Cannabis Regulation and Tax Act or for violations of the
9Cannabis Control Act involving the manufacture, delivery, or
10possession with intent to deliver, or manufacture, cannabis and
11for cannabis possession may only be provided by the Illinois
12State Police and shall not be provided to any person lawfully
13entitled to obtain those records by any other law enforcement
14agency or county sheriff.
15(Source: P.A. 98-528, eff. 1-1-15.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2021.