Illinois General Assembly - Full Text of HB0237
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Full Text of HB0237  95th General Assembly



HB0237 Enrolled LRB095 04681 BDD 24739 b

1     AN ACT concerning libraries.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Library Records Confidentiality Act is
5 amended by changing Section 1 as follows:
6     (75 ILCS 70/1)  (from Ch. 81, par. 1201)
7     Sec. 1. (a) The registration and circulation records of a
8 library are confidential information. Except pursuant to a
9 court order, No person shall publish or make any information
10 contained in such records available to the public unless:
11         (1) required to do so under a court order; or
12         (2) the information is requested by a sworn law
13     enforcement officer who represents that it is impractical
14     to secure a court order as a result of an emergency where
15     the law enforcement officer has probable cause to believe
16     that there is an imminent danger of physical harm. The
17     information requested must be limited to identifying a
18     suspect, witness, or victim of a crime. The information
19     requested without a court order may not include the
20     disclosure of registration or circulation records that
21     would indicate materials borrowed, resources reviewed, or
22     services used at the library. If requested to do so by the
23     library, the requesting law enforcement officer must sign a



HB0237 Enrolled - 2 - LRB095 04681 BDD 24739 b

1     form acknowledging the receipt of the information. A
2     library providing the information may seek subsequent
3     judicial review to assess compliance with this Section.
4     This subsection shall not alter any right to challenge the
5 use or dissemination of patron information that is otherwise
6 permitted by law.
7     (b) This Section does not prevent a library from publishing
8 or making available to the public reasonable statistical
9 reports regarding library registration and book circulation
10 where those reports are presented so that no individual is
11 identified therein.
12     (b-5) Nothing in this Section shall be construed as a
13 privacy violation or a breach of confidentiality if a library
14 provides information to a law enforcement officer under item
15 (2) of subsection (a).
16     (c) For the purpose of this Section, (i) "library" means
17 any public library or library of an educational, historical or
18 eleemosynary institution, organization or society; (ii)
19 "registration records" includes any information a library
20 requires a person to provide in order for that person to become
21 eligible to borrow books and other materials and (iii)
22 "circulation records" includes all information identifying the
23 individual borrowing particular books or materials.
24 (Source: P.A. 83-179.)