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(20 ILCS 2635/9) (from Ch. 38, par. 1609)
Sec. 9. Procedural requirements for disseminating conviction
information.
(A) In accordance with the time parameters of Section 6 and
the requirements of
subsection (B) of
this Section 9, the Illinois State Police
shall either: (1) transmit conviction information to the
requester, including an explanation of any code or abbreviation; (2)
explain to the requester why the information requested cannot be
transmitted; or (3) inform the requester of any deficiency in the request.
(B) Prior to a non-automated dissemination or within 30 days subsequent to
an automated dissemination made pursuant to this Act, the Illinois State Police shall
first conduct a formal
update inquiry and review to make certain that the information
disseminated is complete, except (1) in cases of exigency, (2) upon request of
another criminal justice agency, (3) for conviction information that is less
than 30 days old, or (4) for information intentionally fabricated upon the
express written authorization of the Director of the Illinois State Police to support
undercover law enforcement efforts.
It shall be the responsibility of the Illinois State Police to retain a record
of every extra-agency dissemination of conviction information for a period
of not less than 3 years. Such records shall be subject to audit by the Illinois State Police, and shall, upon request, be supplied to the individual to whom
the information pertains for requests from members of the general public,
corporations, organizations, employers, employment agencies, labor
organizations and non-criminal justice agencies. At a minimum, the
following information shall be recorded and retained by the Illinois State Police:
(1) The name of the individual to whom the |
| disseminated information pertains;
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(2) The name of the individual requesting the
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(3) The date of the request;
(4) The name and address of the private individual,
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| corporation, organization, employer, employment agency, labor organization or non-criminal justice agency receiving the information; and
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(5) The date of the dissemination.
(Source: P.A. 102-538, eff. 8-20-21.)
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