Full Text of SB0115 98th General Assembly
SB0115sam003 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/21/2013
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| 1 | | AMENDMENT TO SENATE BILL 115
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 115 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Records Act is amended by changing | 5 | | Section 4a as follows:
| 6 | | (5 ILCS 160/4a)
| 7 | | Sec. 4a. Arrest reports.
| 8 | | (a) When an individual is arrested, the following | 9 | | information must
be made available to the news media for | 10 | | inspection 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.
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| 1 | | (4) The name of the investigating or arresting law | 2 | | enforcement agency.
| 3 | | (5) If the individual is incarcerated, the amount of | 4 | | any bail
or bond.
| 5 | | (6) If the individual is incarcerated, the time and | 6 | | date that the
individual was received, discharged, or | 7 | | transferred from the arresting
agency's custody.
| 8 | | (b) The information required by this Section must be made | 9 | | available to the
news media for inspection and copying as soon | 10 | | as practicable, but in no event
shall the time period exceed 72 | 11 | | hours from the arrest. The information
described in paragraphs | 12 | | (3), (4), (5), and (6) of
subsection (a), however, may be | 13 | | withheld if it is determined that disclosure
would:
| 14 | | (1) interfere with pending or actually and reasonably | 15 | | contemplated law
enforcement proceedings conducted by any | 16 | | law enforcement or correctional
agency;
| 17 | | (2) endanger the life or physical safety of law | 18 | | enforcement or
correctional personnel or any other person; | 19 | | or
| 20 | | (3) compromise the security of any correctional | 21 | | facility.
| 22 | | (c) For the purposes of this Section, the term "news media" | 23 | | means personnel
of a newspaper or other periodical issued at | 24 | | regular intervals whether in
print or electronic format, a news | 25 | | service whether in print or electronic
format, a radio station, | 26 | | a television station, a television network, a
community antenna |
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| 1 | | television service, or a person or corporation engaged in
| 2 | | making news reels or other motion picture news for public | 3 | | showing.
| 4 | | (d) Each law enforcement or correctional agency may charge | 5 | | fees for arrest
records, but in no instance may the fee exceed | 6 | | the actual cost of copying and
reproduction. The fees may not | 7 | | include the cost of the labor used to reproduce
the arrest | 8 | | record.
| 9 | | (e) The provisions of this Section do not supersede the | 10 | | confidentiality
provisions for arrest records of the Juvenile | 11 | | Court Act of 1987.
| 12 | | (f) All information, including photographs, made available | 13 | | under this Section is subject to the provisions of Section 2QQQ | 14 | | of the Consumer Fraud and Deceptive Business Practices Act. | 15 | | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | 16 | | 92-335, eff.
8-10-01.)
| 17 | | Section 10. The Local Records Act is amended by changing | 18 | | Section 3b as follows:
| 19 | | (50 ILCS 205/3b)
| 20 | | Sec. 3b. Arrest reports.
| 21 | | (a) When an individual is arrested, the following | 22 | | information must
be made available to the news media for | 23 | | inspection and copying:
| 24 | | (1) Information that identifies the individual,
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| 1 | | including the name, age, address, and photograph, when and | 2 | | if available.
| 3 | | (2) Information detailing any charges relating to the | 4 | | arrest.
| 5 | | (3) The time and location of the arrest.
| 6 | | (4) The name of the investigating or arresting law | 7 | | enforcement agency.
| 8 | | (5) If the individual is incarcerated, the amount of | 9 | | any bail
or bond.
| 10 | | (6) If the individual is incarcerated, the time and | 11 | | date that the
individual was received, discharged, or | 12 | | transferred from the arresting
agency's custody.
| 13 | | (b) The information required by this Section must be made | 14 | | available to the
news media for inspection and copying as soon | 15 | | as practicable, but in no event
shall the time period exceed 72 | 16 | | hours from the arrest. The information
described in paragraphs | 17 | | (3), (4), (5), and (6) of subsection (a), however,
may be | 18 | | withheld if it is determined that disclosure would:
| 19 | | (1) interfere with pending or actually and reasonably | 20 | | contemplated law
enforcement proceedings conducted by any | 21 | | law enforcement or correctional
agency;
| 22 | | (2) endanger the life or physical safety of law | 23 | | enforcement or
correctional personnel or any other person; | 24 | | or
| 25 | | (3) compromise the security of any correctional | 26 | | facility.
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| 1 | | (c) For the purposes of this Section the term "news media" | 2 | | means personnel
of a newspaper or other periodical issued at | 3 | | regular intervals whether in
print or electronic format, a news | 4 | | service whether in print or electronic
format,
a radio station, | 5 | | a television station, a television network, a community
antenna | 6 | | television service,
or a person or corporation engaged in | 7 | | making news reels or other motion picture
news for public | 8 | | showing.
| 9 | | (d) Each law enforcement or correctional agency may charge | 10 | | fees for arrest
records, but in no instance may the fee exceed | 11 | | the actual cost of copying and
reproduction. The fees may not | 12 | | include the cost of the labor used to reproduce
the arrest | 13 | | record.
| 14 | | (e) The provisions of this Section do not supersede the | 15 | | confidentiality
provisions for arrest records of the Juvenile | 16 | | Court Act of 1987.
| 17 | | (f) All information, including photographs, made available | 18 | | under this Section is subject to the provisions of Section 2QQQ | 19 | | of the Consumer Fraud and Deceptive Business Practices Act. | 20 | | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | 21 | | 92-335, eff.
8-10-01.)
| 22 | | Section 15. The Consumer Fraud and Deceptive Business | 23 | | Practices Act is amended by adding Section 2QQQ as follows: | 24 | | (815 ILCS 505/2QQQ new) |
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| 1 | | Sec. 2QQQ. Criminal record information. | 2 | | (a) It is an unlawful practice for any person engaged in | 3 | | publishing or otherwise disseminating criminal record | 4 | | information through a print or electronic medium to solicit or | 5 | | accept the payment of a fee or other consideration to remove, | 6 | | correct, or modify said criminal record information. | 7 | | (b) For the purposes of this Section, "criminal record | 8 | | information" includes any and all of the following: | 9 | | (1) descriptions or notations of any arrests, any | 10 | | formal criminal charges, and the disposition of those | 11 | | criminal charges, including, but not limited to, any | 12 | | information made available under Section 4a of the State | 13 | | Records Act or Section 3b of the Local Records Act; | 14 | | (2) photographs of the person taken pursuant to an | 15 | | arrest or other involvement in the criminal justice system; | 16 | | or | 17 | | (3) personal identifying information, including a | 18 | | person's name, address, date of birth, photograph, and | 19 | | social security number or other government-issued | 20 | | identification number. ".
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