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
 
                            -4-      LRB093 09647 RLC 09885 b
 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.)