99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0169

 

Introduced , by Rep. Kenneth Dunkin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 160/4a
5 ILCS 160/17  from Ch. 116, par. 43.20
50 ILCS 205/3b
50 ILCS 205/4  from Ch. 116, par. 43.104

    Amends the State Records Act and the Local Records Act. Provides that within 180 days after an investigation by a law enforcement agency reveals that a person has been arrested as a result of mistaken identity and no charges have been filed against the person, the law enforcement agency whose officers made the arrest shall destroy the arrest records of that person made as a result of mistaken identity. Provides that the law enforcement agency shall establish an access and review process for verifying that the person's arrest records relating to arrests because of mistaken identity in which no charges have been filed have been destroyed. Provides that the law enforcement agency shall provide by rule the process for access, review, and automatic destruction of these records. Defines "arrest records" and "law enforcement agency".


LRB099 00239 RLC 20244 b

 

 

A BILL FOR

 

HB0169LRB099 00239 RLC 20244 b

1    AN ACT concerning arrest records.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Sections 4a and 17 as follows:
 
6    (5 ILCS 160/4a)
7    Sec. 4a. 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, but in no event shall the time period exceed 72
4hours from the arrest. The information described in paragraphs
5(3), (4), (5), and (6) of subsection (a), however, may be
6withheld if it is determined that disclosure would:
7        (1) interfere with pending or actually and reasonably
8    contemplated law enforcement proceedings conducted by any
9    law enforcement or correctional agency;
10        (2) endanger the life or physical safety of law
11    enforcement or correctional personnel or any other person;
12    or
13        (3) compromise the security of any correctional
14    facility.
15    (c) For the purposes of this Section, the term "news media"
16means personnel of a newspaper or other periodical issued at
17regular intervals whether in print or electronic format, a news
18service whether in print or electronic format, a radio station,
19a television station, a television network, a community antenna
20television service, or a person or corporation engaged in
21making news reels or other motion picture news for public
22showing.
23    (d) Each law enforcement or correctional agency may charge
24fees for arrest records, but in no instance may the fee exceed
25the actual cost of copying and reproduction. The fees may not
26include the cost of the labor used to reproduce the arrest

 

 

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1record.
2    (e) The provisions of this Section do not supersede the
3confidentiality provisions for arrest records of the Juvenile
4Court Act of 1987.
5    (f) All information, including photographs, made available
6under this Section is subject to the provisions of Section 2QQQ
7of the Consumer Fraud and Deceptive Business Practices Act.
8(Source: P.A. 98-555, eff. 1-1-14.)
 
9    (5 ILCS 160/17)  (from Ch. 116, par. 43.20)
10    Sec. 17.
11    (a) Regardless of other authorization to the contrary,
12except as otherwise provided in subsection (b) of this Section,
13no record shall be disposed of by any agency of the State,
14unless approval of the State Records Commission is first
15obtained. The Commission shall issue regulations, not
16inconsistent with this Act, which shall be binding on all
17agencies. Such regulations shall establish procedures for
18compiling and submitting to the Commission lists and schedules
19of records proposed for disposal; procedures for the physical
20destruction or other disposition of records proposed for
21disposal; and standards for the reproduction of records by
22digital, photographic, or microphotographic processes with the
23view to the disposal of the original records. Such standards
24shall relate to the electronic digital process and format,
25quality of film used, preparation of the records for

 

 

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1reproduction, proper identification matter on the records so
2that an individual document or series of documents can be
3located on the film or electronic medium with reasonable
4facility, and that the copies contain all significant record
5detail, to the end that the photographic, microphotographic, or
6digital copies will be adequate.
7    Such regulations shall also provide that the State
8archivist may retain any records which the Commission has
9authorized to be destroyed, where they have a historical value,
10and that the State archivist may deposit them in the State
11Archives or State Historical Library or with a historical
12society, museum or library.
13    (b) Within 180 days after an investigation by a law
14enforcement agency reveals that a person has been arrested as a
15result of mistaken identity and no charges have been filed
16against the person, the law enforcement agency whose officers
17made the arrest shall destroy the arrest records of that person
18made as a result of mistaken identity. The law enforcement
19agency shall establish an access and review process for
20verifying that the person's arrest records relating to arrests
21because of mistaken identity in which no charges have been
22filed have been destroyed as provided in this subsection. The
23law enforcement agency shall provide by rule the process for
24access, review, and automatic destruction of these records. In
25this subsection (b):
26        "Arrest records" are as described in Section 4a of this

 

 

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1    Act.
2        "Law enforcement agency" means an agency of this State
3    which is vested by law or ordinance with the duty to
4    maintain public order and to enforce criminal laws or
5    ordinances.
6(Source: P.A. 92-866, eff. 1-3-03.)
 
7    Section 10. The Local Records Act is amended by changing
8Sections 3b and 4 as follows:
 
9    (50 ILCS 205/3b)
10    Sec. 3b. Arrest records and reports.
11    (a) When an individual is arrested, the following
12information must be made available to the news media for
13inspection and copying:
14        (1) Information that identifies the individual,
15    including the name, age, address, and photograph, when and
16    if available.
17        (2) Information detailing any charges relating to the
18    arrest.
19        (3) The time and location of the arrest.
20        (4) The name of the investigating or arresting law
21    enforcement agency.
22        (5) If the individual is incarcerated, the amount of
23    any bail or bond.
24        (6) If the individual is incarcerated, the time and

 

 

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1    date that the individual was received, discharged, or
2    transferred from the arresting agency's custody.
3    (b) The information required by this Section must be made
4available to the news media for inspection and copying as soon
5as practicable, but in no event shall the time period exceed 72
6hours from the arrest. The information described in paragraphs
7(3), (4), (5), and (6) of subsection (a), however, may be
8withheld if it is determined that 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.)
 
11    (50 ILCS 205/4)  (from Ch. 116, par. 43.104)
12    Sec. 4.
13    (a) Except as otherwise provided in subsection (b) of this
14Section, all All public records made or received by, or under
15the authority of, or coming into the custody, control or
16possession of any officer or agency shall not be mutilated,
17destroyed, transferred, removed or otherwise damaged or
18disposed of, in whole or in part, except as provided by law.
19Any person who knowingly, without lawful authority and with the
20intent to defraud any party, public officer, or entity, alters,
21destroys, defaces, removes, or conceals any public record
22commits a Class 4 felony.
23    Court records filed with the clerks of the Circuit Court
24shall be destroyed in accordance with the Supreme Court's
25General Administrative Order on Recordkeeping in the Circuit

 

 

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1Courts. The clerks of the Circuit Courts shall notify the
2Supreme Court, in writing, specifying case records or other
3documents which they intend to destroy. The Supreme Court shall
4review the schedule of items to be destroyed and notify the
5appropriate Local Records Commission of the Court's intent to
6destroy such records. The Local Records Commission, within 90
7days after receipt of the Supreme Court's notice, may undertake
8to photograph, microphotograph, or digitize electronically any
9or all such records and documents, or, in the alternative, may
10transport such original records to the State Archives or other
11storage location under its supervision.
12    The Archivist may accept for deposit in the State Archives
13or regional depositories official papers, drawings, maps,
14writings and records of every description of counties,
15municipal corporations, political subdivisions and courts of
16this State, when such materials are deemed by the Archivist to
17have sufficient historical or other value to warrant their
18continued preservation by the State of Illinois.
19    The officer or clerk depositing such records may, upon
20request, obtain from the Archivist, without charge, a certified
21copy or reproduction of any specific record, paper or document
22when such record, paper or document is required for public use.
23    (b) Within 180 days after an investigation by a law
24enforcement agency reveals that a person has been arrested as a
25result of mistaken identity and no charges have been filed
26against the person, the law enforcement agency whose officers

 

 

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1made the arrest shall destroy the arrest records of that person
2made as a result of mistaken identity. The law enforcement
3agency shall establish an access and review process for
4verifying that the person's arrest records relating to arrests
5because of mistaken identity in which no charges have been
6filed have been destroyed as provided in this subsection. The
7law enforcement agency shall provide by rule the process for
8access, review, and automatic destruction of these records. In
9this subsection (b):
10        "Arrest records" are as described in Section 3b of this
11    Act.
12        "Law enforcement agency" means an agency of a unit of
13    local government which is vested by law or ordinance with
14    the duty to maintain public order and to enforce criminal
15    laws or ordinances.
16(Source: P.A. 98-1063, eff. 1-1-15.)