093_HB3345
LRB093 09647 RLC 09885 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Criminal Justice Information
5 Act is amended by changing Section 7 as follows:
6 (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
7 Sec. 7. Powers and Duties. The Authority shall have the
8 following powers, duties and responsibilities:
9 (a) To develop and operate comprehensive
10 information systems for the improvement and coordination
11 of all aspects of law enforcement, prosecution and
12 corrections;
13 (b) To define, develop, evaluate and correlate
14 State and local programs and projects associated with the
15 improvement of law enforcement and the administration of
16 criminal justice;
17 (c) To act as a central repository and clearing
18 house for federal, state and local research studies,
19 plans, projects, proposals and other information relating
20 to all aspects of criminal justice system improvement and
21 to encourage educational programs for citizen support of
22 State and local efforts to make such improvements;
23 (d) To undertake research studies to aid in
24 accomplishing its purposes;
25 (e) To monitor the operation of existing criminal
26 justice information systems in order to protect the
27 constitutional rights and privacy of individuals about
28 whom criminal history record information has been
29 collected;
30 (f) To provide an effective administrative forum
31 for the protection of the rights of individuals
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1 concerning criminal history record information;
2 (g) To issue regulations, guidelines and procedures
3 which ensure the privacy and security of criminal history
4 record information consistent with State and federal
5 laws;
6 (h) To act as the sole administrative appeal body
7 in the State of Illinois to conduct hearings and make
8 final determinations concerning individual challenges to
9 the completeness and accuracy of criminal history record
10 information;
11 (i) To act as the sole, official, criminal justice
12 body in the State of Illinois to conduct annual and
13 periodic audits of the procedures, policies, and
14 practices of the State central repositories for criminal
15 history record information to verify compliance with
16 federal and state laws and regulations governing such
17 information;
18 (j) To advise the Authority's Statistical Analysis
19 Center;
20 (k) To apply for, receive, establish priorities
21 for, allocate, disburse and spend grants of funds that
22 are made available by and received on or after January 1,
23 1983 from private sources or from the United States
24 pursuant to the federal Crime Control Act of 1973, as
25 amended, and similar federal legislation, and to enter
26 into agreements with the United States government to
27 further the purposes of this Act, or as may be required
28 as a condition of obtaining federal funds;
29 (l) To receive, expend and account for such funds
30 of the State of Illinois as may be made available to
31 further the purposes of this Act;
32 (m) To enter into contracts and to cooperate with
33 units of general local government or combinations of such
34 units, State agencies, and criminal justice system
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1 agencies of other states for the purpose of carrying out
2 the duties of the Authority imposed by this Act or by the
3 federal Crime Control Act of 1973, as amended;
4 (n) To enter into contracts and cooperate with
5 units of general local government outside of Illinois,
6 other states' agencies, and private organizations outside
7 of Illinois to provide computer software or design that
8 has been developed for the Illinois criminal justice
9 system, or to participate in the cooperative development
10 or design of new software or systems to be used by the
11 Illinois criminal justice system. Revenues received as a
12 result of such arrangements shall be deposited in the
13 Criminal Justice Information Systems Trust Fund.
14 (o) To establish general policies concerning
15 criminal justice information systems and to promulgate
16 such rules, regulations and procedures as are necessary
17 to the operation of the Authority and to the uniform
18 consideration of appeals and audits;
19 (p) To advise and to make recommendations to the
20 Governor and the General Assembly on policies relating to
21 criminal justice information systems;
22 (q) To direct all other agencies under the
23 jurisdiction of the Governor to provide whatever
24 assistance and information the Authority may lawfully
25 require to carry out its functions;
26 (r) To exercise any other powers that are
27 reasonable and necessary to fulfill the responsibilities
28 of the Authority under this Act and to comply with the
29 requirements of applicable federal law or regulation;
30 (s) To exercise the rights, powers and duties which
31 have been vested in the Authority by the "Illinois
32 Uniform Conviction Information Act", enacted by the 85th
33 General Assembly, as hereafter amended; and
34 (t) To exercise the rights, powers and duties which
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1 have been vested in the Authority by the Illinois Motor
2 Vehicle Theft Prevention Act; and.
3 (u) To establish a publicly accessible database
4 containing data collected from each circuit judge and
5 associate judge assigned to try first degree murder
6 cases. The database shall contain data about first
7 degree murder cases including details about the trials,
8 backgrounds of the defendants, and the bases for the
9 sentences imposed. Each circuit judge and associate
10 judge assigned to try first degree murder cases shall
11 submit to the Administrative Office of the Illinois
12 Courts a form containing information about each first
13 degree murder trial, the background of the defendant, and
14 the basis for the sentence imposed. Each form collected
15 by the Administrative Office of the Illinois Courts from
16 an individual case is not a public record but the
17 collective data obtained from the forms is a public
18 record; provided that the collective data does not
19 identify an individual court, defendant, or specific
20 case.
21 The requirement for reporting to the General Assembly
22 shall be satisfied by filing copies of the report with the
23 Speaker, the Minority Leader and the Clerk of the House of
24 Representatives and the President, the Minority Leader and
25 the Secretary of the Senate and the Legislative Research
26 Unit, as required by Section 3.1 of "An Act to revise the law
27 in relation to the General Assembly", approved February 25,
28 1874, as amended, and filing such additional copies with the
29 State Government Report Distribution Center for the General
30 Assembly as is required under paragraph (t) of Section 7 of
31 the State Library Act.
32 (Source: P.A. 85-922; 86-1408.)