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(5 ILCS 160/17)
(from Ch. 116, par. 43.20)
(a) Regardless of other authorization to the contrary, except as otherwise provided in subsection (b) of this Section, no record shall
be disposed of by any agency of the State, unless approval of the State
Records Commission is first obtained. The Commission shall issue
regulations, not inconsistent with this Act, which shall be binding on all
agencies. Such regulations shall establish procedures for compiling and
submitting to the Commission lists and schedules of records proposed for
disposal; procedures for the physical destruction or other disposition of
records proposed for disposal; and standards for the reproduction of
records by digital, photographic, or microphotographic
processes with the view to the
disposal of the original records. Such standards shall relate to the
electronic digital process and format, quality of film used, preparation of
the records for reproduction, proper
identification matter on the records so that an individual document or
series of documents can be located on the film or electronic medium with
and that the copies contain all significant record detail, to the end that
the photographic, microphotographic, or digital copies will be
Such regulations shall also provide that the State archivist may retain
any records which the Commission has authorized to be destroyed, where they
have a historical value, and that the State archivist may deposit them in
the State Archives or State Historical Library
or with a historical society,
museum or library.
(b) Upon request from a chief of police, county sheriff, or State's Attorney, if a person has been arrested for a criminal offense and an investigation reveals that the person arrested was not in fact the individual the arresting officer believed him or her to be, the law enforcement agency whose officers made the arrest shall delete or retract the arrest records of that person whom the investigation revealed as not the individual the arresting officer believed him or her to be.
In this subsection (b):
"Arrest records" are as described in Section 4a of
"Law enforcement agency" means an agency of this
State which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.
(Source: P.A. 99-363, eff. 1-1-16