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.
  


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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.