Full Text of HB4216 98th General Assembly
HB4216enr 98TH GENERAL ASSEMBLY |
| | HB4216 Enrolled | | LRB098 15819 JLK 50858 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Local Records Act is amended by changing | 5 | | Section 4 as follows:
| 6 | | (50 ILCS 205/4) (from Ch. 116, par. 43.104)
| 7 | | Sec. 4.
All public records made or received by, or under | 8 | | the
authority of, or coming into the custody, control or | 9 | | possession of any
officer or agency shall not be mutilated, | 10 | | destroyed, transferred,
removed or otherwise damaged or | 11 | | disposed of, in whole or in part, except
as provided by law. | 12 | | Any person who knowingly, without lawful authority and with the | 13 | | intent to defraud any party, public officer, or entity, alters, | 14 | | destroys, defaces, removes, or conceals any public record | 15 | | commits a Class 4 felony.
| 16 | | Court records filed with the clerks of the Circuit Court | 17 | | shall be
destroyed in accordance with the Supreme
Court's | 18 | | General Administrative Order on Recordkeeping in the Circuit
| 19 | | Courts. The clerks of the Circuit Courts shall notify the | 20 | | Supreme Court,
in writing, specifying case records or other | 21 | | documents which they intend to
destroy. The Supreme Court shall | 22 | | review the schedule of items to be destroyed
and notify the | 23 | | appropriate Local Records Commission of the Court's intent to
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| | | HB4216 Enrolled | - 2 - | LRB098 15819 JLK 50858 b |
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| 1 | | destroy such records. The Local Records Commission, within 90 | 2 | | days after
receipt of the Supreme Court's notice, may undertake | 3 | | to photograph,
microphotograph, or digitize electronically any | 4 | | or all such records and
documents, or, in the
alternative, may | 5 | | transport such original records to the State Archives
or other | 6 | | storage location under its supervision.
| 7 | | The Archivist may accept for deposit in the State Archives | 8 | | or
regional depositories official papers, drawings, maps, | 9 | | writings and
records of every description of counties, | 10 | | municipal corporations,
political subdivisions and courts of | 11 | | this State, when such materials are
deemed by the Archivist to | 12 | | have sufficient historical or other value to
warrant their | 13 | | continued preservation by the State of Illinois.
| 14 | | The officer or clerk depositing such records may, upon | 15 | | request,
obtain from the Archivist, without charge, a certified | 16 | | copy or
reproduction of any specific record, paper or document | 17 | | when such record,
paper or document is required for public use.
| 18 | | (Source: P.A. 89-272, eff. 8-10-95.)
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