Full Text of HB6324 99th General Assembly
HB6324eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Uniform Conviction Information Act | 5 | | is amended by changing Section 3 as follows:
| 6 | | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| 7 | | Sec. 3. Definitions. Whenever used in this Act, and for the | 8 | | purposes
of this Act, unless the context clearly indicates | 9 | | otherwise:
| 10 | | (A) "Accurate" means factually correct, containing no | 11 | | mistake or error
of a material nature.
| 12 | | (B) The phrase "administer the criminal laws" includes any | 13 | | of the
following activities: intelligence gathering, | 14 | | surveillance, criminal
investigation, crime detection and | 15 | | prevention (including research),
apprehension, detention, | 16 | | pretrial or post-trial release, prosecution, the
correctional | 17 | | supervision or rehabilitation of accused persons or criminal
| 18 | | offenders, criminal identification activities, data analysis | 19 | | and research done by the sentencing commission, or the | 20 | | collection,
maintenance or dissemination of criminal history | 21 | | record information.
| 22 | | (C) "The Authority" means the Illinois Criminal Justice | 23 | | Information
Authority.
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| 1 | | (D) "Automated" means the utilization of computers, | 2 | | telecommunication
lines, or other automatic data processing | 3 | | equipment for data collection or
storage, analysis, | 4 | | processing, preservation, maintenance, dissemination, or
| 5 | | display and is distinguished from a system in which such | 6 | | activities are
performed manually.
| 7 | | (E) "Complete" means accurately reflecting all the | 8 | | criminal history
record information about an individual that is | 9 | | required to be reported to
the Department pursuant to Section | 10 | | 2.1 of the Criminal Identification Act.
| 11 | | (F) "Conviction information" means data reflecting a | 12 | | judgment of guilt
or nolo contendere. The term includes all | 13 | | prior and subsequent criminal
history events directly relating | 14 | | to such judgments, such as, but not
limited to: (1) the | 15 | | notation of arrest; (2) the notation of charges filed;
(3) the | 16 | | sentence imposed; (4) the fine imposed; and (5) all related
| 17 | | probation, parole, and release information. Information ceases | 18 | | to be
"conviction information" when a judgment of guilt is | 19 | | reversed or vacated.
| 20 | | For purposes of this Act, continuances to a date certain in | 21 | | furtherance
of an order of supervision granted under Section | 22 | | 5-6-1 of the Unified Code
of Corrections or an order of | 23 | | probation granted under either Section 10 of
the Cannabis | 24 | | Control Act, Section 410 of the Illinois Controlled
Substances | 25 | | Act, Section 70 of the Methamphetamine Control and Community | 26 | | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section |
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| 1 | | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | 2 | | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug | 3 | | Dependency Act, Section
40-10 of the Alcoholism and Other Drug | 4 | | Abuse and Dependency Act, or Section
10 of the Steroid Control | 5 | | Act shall not be deemed "conviction information".
| 6 | | (G) "Criminal history record information" means data | 7 | | identifiable to an
individual, including information collected | 8 | | under Section 4.5 of the Criminal Identification Act, and | 9 | | consisting of descriptions or notations of arrests,
| 10 | | detentions, indictments, informations, pretrial proceedings, | 11 | | trials, or
other formal events in the criminal justice system | 12 | | or descriptions or
notations of criminal charges (including | 13 | | criminal violations of local
municipal ordinances) and the | 14 | | nature of any disposition arising therefrom,
including | 15 | | sentencing, court or correctional supervision, rehabilitation | 16 | | and
release. The term does not apply to statistical records and | 17 | | reports in
which individual are not identified and from which | 18 | | their identities are not
ascertainable, or to information that | 19 | | is for criminal investigative or
intelligence purposes.
| 20 | | (H) "Criminal justice agency" means (1) a government agency | 21 | | or any
subunit thereof which is authorized to administer the | 22 | | criminal laws and
which allocates a substantial part of its | 23 | | annual budget for that purpose,
or (2) an agency supported by | 24 | | public funds which is authorized as its
principal function to | 25 | | administer the criminal laws and which is officially
designated | 26 | | by the Department as a criminal justice agency for purposes of
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| 1 | | this Act.
| 2 | | (I) "The Department" means the Illinois Department of State | 3 | | Police.
| 4 | | (J) "Director" means the Director of the Illinois | 5 | | Department of State
Police.
| 6 | | (K) "Disseminate" means to disclose or transmit conviction | 7 | | information
in any form, oral, written, or otherwise.
| 8 | | (L) "Exigency" means pending danger or the threat of | 9 | | pending danger to
an individual or property.
| 10 | | (M) "Non-criminal justice agency" means a State agency, | 11 | | Federal agency,
or unit of local government that is not a | 12 | | criminal justice agency. The
term does not refer to private | 13 | | individuals, corporations, or
non-governmental agencies or | 14 | | organizations.
| 15 | | (M-5) "Request" means the submission to the Department, in | 16 | | the form and
manner required, the necessary data elements or | 17 | | fingerprints, or both, to allow
the Department to initiate a | 18 | | search of its criminal history record information
files.
| 19 | | (N) "Requester" means any private individual, corporation, | 20 | | organization,
employer, employment agency, labor organization, | 21 | | or non-criminal justice
agency that has made a request pursuant | 22 | | to this Act
to obtain
conviction information maintained in the | 23 | | files of the Department of State
Police regarding a particular | 24 | | individual.
| 25 | | (O) "Statistical information" means data from which the | 26 | | identity of an
individual cannot be ascertained, |
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| 1 | | reconstructed, or verified and to which
the identity of an | 2 | | individual cannot be linked by the recipient of the
| 3 | | information.
| 4 | | (P) "Sentencing commission" means the Sentencing Policy | 5 | | Advisory Council. | 6 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-528, eff. 1-1-15 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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