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90_HB1433eng
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Amends the Secretary of State Merit Employment Code, the
Civil Administrative Code of Illinois, the Criminal
Identification Act, the Illinois Uniform Conviction
Information Act, the School Code, the Illinois Vehicle Code,
and the Criminal Code of 1961. Provides that, in addition to
conviction information, the Illinois State Police may
disseminate the pending arrest information of certain
individuals when conducting background checks on those
individuals. Defines "pending arrest". Amends the Sexual
Assault Survivors Emergency Treatment Act. Permits evidence
and information concerning the alleged sexual assault of a
minor to be released at the request of the minor (now the
parent or legal guardian of the minor must sign for the
release of that evidence and information). Provides that
certain laboratory reports relating to an addicted minor for
a violation of State law relating to controlled substances
and cannabis is prima facie evidence of the content,
identity, and weight of the substance. Effective July 1,
1997.
LRB9002125MWpcA
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1 AN ACT concerning law enforcement records and reports,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Secretary of State Merit Employment Code
6 is amended by changing Section 10b.1 as follows:
7 (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
8 Sec. 10b.1. (a) Competitive examinations. For open
9 competitive examinations to test the relative fitness of
10 applicants for the respective positions. Tests shall be
11 designed to eliminate those who are not qualified for
12 entrance into the Office of the Secretary of State and to
13 discover the relative fitness of those who are qualified.
14 The Director may use any one of or any combination of the
15 following examination methods which in his judgment best
16 serves this end: investigation of education and experience;
17 test of cultural knowledge; test of capacity; test of
18 knowledge; test of manual skill; test of linguistic ability;
19 test of character; test of physical skill; test of
20 psychological fitness. No person with a record of
21 misdemeanor convictions except those under Sections 11-6,
22 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
23 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
24 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
25 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
26 of 1961, or arrested for any cause but not convicted thereon
27 shall be disqualified from taking such examinations or
28 subsequent appointment unless the person is attempting to
29 qualify for a position which would give him the powers of a
30 peace officer, in which case the person's conviction or
31 arrest record may be considered as a factor in determining
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1 the person's fitness for the position. All examinations
2 shall be announced publicly at least 2 weeks in advance of
3 the date of examinations and may be advertised through the
4 press, radio or other media.
5 The Director may, at his discretion, accept the results
6 of competitive examinations conducted by any merit system
7 established by Federal law or by the law of any State, and
8 may compile eligible lists therefrom or may add the names of
9 successful candidates in examinations conducted by those
10 merit systems to existing eligible lists in accordance with
11 their respective ratings. No person who is a non-resident of
12 the State of Illinois may be appointed from those eligible
13 lists, however, unless the requirement that applicants be
14 residents of the State of Illinois is waived by the Director
15 of Personnel and unless there are less than 3 Illinois
16 residents available for appointment from the appropriate
17 eligible list. The results of the examinations conducted by
18 other merit systems may not be used unless they are
19 comparable in difficulty and comprehensiveness to
20 examinations conducted by the Department of Personnel for
21 similar positions. Special linguistic options may also be
22 established where deemed appropriate.
23 (b) The Director of Personnel may require that each
24 person seeking employment with the Secretary of State, as
25 part of the application process, authorize an investigation
26 to determine if the applicant has ever been convicted of a
27 crime and if so, the disposition of those convictions; this
28 authorization shall indicate the scope of the inquiry and the
29 agencies which may be contacted. Upon this authorization,
30 the Director of Personnel may request and receive information
31 and assistance from any federal, State or local governmental
32 agency as part of the authorized investigation. The
33 Department of State Police shall provide information
34 concerning any criminal convictions, and their disposition,
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1 and pending arrests (as defined in Section 2-23 of the
2 Criminal Code of 1961) brought against the applicant or
3 prospective employee of the Secretary of State upon request
4 of the Department of Personnel when the request is made in
5 the form and manner required by the Department of State
6 Police. The information derived from this investigation,
7 including the source of this information, and any conclusions
8 or recommendations derived from this information by the
9 Director of Personnel shall be provided to the applicant or
10 prospective employee, or his designee, upon request to the
11 Director of Personnel prior to any final action by the
12 Director of Personnel on the application. No information
13 obtained from such investigation may be placed in any
14 automated information system. Any information concerning
15 criminal convictions, and their disposition, and pending
16 arrests information obtained by the Director of Personnel
17 shall be confidential and may not be transmitted outside the
18 Office of the Secretary of State, except as required herein,
19 and may not be transmitted to anyone within the Office of the
20 Secretary of State except as needed for the purpose of
21 evaluating the application. The only physical identity
22 materials which the applicant or prospective employee can be
23 required to provide the Director of Personnel are photographs
24 or fingerprints; these shall be returned to the applicant or
25 prospective employee upon request to the Director of
26 Personnel, after the investigation has been completed and no
27 copy of these materials may be kept by the Director of
28 Personnel or any agency to which such identity materials were
29 transmitted. Only information and standards which bear a
30 reasonable and rational relation to the performance of an
31 employee shall be used by the Director of Personnel. The
32 Secretary of State shall adopt rules and regulations for the
33 administration of this Section. Any employee of the
34 Secretary of State who gives or causes to be given away any
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1 confidential information concerning any criminal convictions,
2 and their disposition, or pending arrests of an applicant or
3 prospective employee shall be guilty of a Class A misdemeanor
4 unless release of such information is authorized by this
5 Section.
6 (Source: P.A. 84-25.)
7 Section 10. The Civil Administrative Code of Illinois is
8 amended by changing Section 55a as follows:
9 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
10 Sec. 55a. (A) The Department of State Police shall have
11 the following powers and duties, and those set forth in
12 Sections 55a-1 through 55c:
13 1. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the State
15 Police Act.
16 2. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Radio Act.
19 3. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Criminal Identification Act.
22 4. To (a) investigate the origins, activities, personnel
23 and incidents of crime and the ways and means to redress the
24 victims of crimes, and study the impact, if any, of
25 legislation relative to the effusion of crime and growing
26 crime rates, and enforce the criminal laws of this State
27 related thereto, (b) enforce all laws regulating the
28 production, sale, prescribing, manufacturing, administering,
29 transporting, having in possession, dispensing, delivering,
30 distributing, or use of controlled substances and cannabis,
31 (c) employ skilled experts, scientists, technicians,
32 investigators or otherwise specially qualified persons to aid
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1 in preventing or detecting crime, apprehending criminals, or
2 preparing and presenting evidence of violations of the
3 criminal laws of the State, (d) cooperate with the police of
4 cities, villages and incorporated towns, and with the police
5 officers of any county, in enforcing the laws of the State
6 and in making arrests and recovering property, (e) apprehend
7 and deliver up any person charged in this State or any other
8 State of the United States with treason, felony, or other
9 crime, who has fled from justice and is found in this State,
10 and (f) conduct such other investigations as may be provided
11 by law. Persons exercising these powers within the Department
12 are conservators of the peace and as such have all the powers
13 possessed by policemen in cities and sheriffs, except that
14 they may exercise such powers anywhere in the State in
15 cooperation with and after contact with the local law
16 enforcement officials. Such persons may use false or
17 fictitious names in the performance of their duties under
18 this paragraph, upon approval of the Director, and shall not
19 be subject to prosecution under the criminal laws for such
20 use.
21 5. To: (a) be a central repository and custodian of
22 criminal statistics for the State, (b) be a central
23 repository for criminal history record information, (c)
24 procure and file for record such information as is necessary
25 and helpful to plan programs of crime prevention, law
26 enforcement and criminal justice, (d) procure and file for
27 record such copies of fingerprints, as may be required by
28 law, (e) establish general and field crime laboratories, (f)
29 register and file for record such information as may be
30 required by law for the issuance of firearm owner's
31 identification cards, (g) employ polygraph operators,
32 laboratory technicians and other specially qualified persons
33 to aid in the identification of criminal activity, and (h)
34 undertake such other identification, information, laboratory,
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1 statistical or registration activities as may be required by
2 law.
3 6. To (a) acquire and operate one or more radio
4 broadcasting stations in the State to be used for police
5 purposes, (b) operate a statewide communications network to
6 gather and disseminate information for law enforcement
7 agencies, (c) operate an electronic data processing and
8 computer center for the storage and retrieval of data
9 pertaining to criminal activity, and (d) undertake such other
10 communication activities as may be required by law.
11 7. To provide, as may be required by law, assistance to
12 local law enforcement agencies through (a) training,
13 management and consultant services for local law enforcement
14 agencies, and (b) the pursuit of research and the publication
15 of studies pertaining to local law enforcement activities.
16 8. To exercise the rights, powers and duties which have
17 been vested in the Department of State Police and the
18 Director of the Department of State Police by the Narcotic
19 Control Division Abolition Act.
20 9. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Illinois Vehicle Code.
23 10. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the Firearm
25 Owners Identification Card Act.
26 11. To enforce and administer such other laws in
27 relation to law enforcement as may be vested in the
28 Department.
29 12. To transfer jurisdiction of any realty title to
30 which is held by the State of Illinois under the control of
31 the Department to any other department of the State
32 government or to the State Employees Housing Commission, or
33 to acquire or accept Federal land, when such transfer,
34 acquisition or acceptance is advantageous to the State and is
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1 approved in writing by the Governor.
2 13. With the written approval of the Governor, to enter
3 into agreements with other departments created by this Act,
4 for the furlough of inmates of the penitentiary to such other
5 departments for their use in research programs being
6 conducted by them.
7 For the purpose of participating in such research
8 projects, the Department may extend the limits of any
9 inmate's place of confinement, when there is reasonable cause
10 to believe that the inmate will honor his or her trust by
11 authorizing the inmate, under prescribed conditions, to leave
12 the confines of the place unaccompanied by a custodial agent
13 of the Department. The Department shall make rules governing
14 the transfer of the inmate to the requesting other department
15 having the approved research project, and the return of such
16 inmate to the unextended confines of the penitentiary. Such
17 transfer shall be made only with the consent of the inmate.
18 The willful failure of a prisoner to remain within the
19 extended limits of his or her confinement or to return within
20 the time or manner prescribed to the place of confinement
21 designated by the Department in granting such extension shall
22 be deemed an escape from custody of the Department and
23 punishable as provided in Section 3-6-4 of the Unified Code
24 of Corrections.
25 14. To provide investigative services, with all of the
26 powers possessed by policemen in cities and sheriffs, in and
27 around all race tracks subject to the Horse Racing Act of
28 1975.
29 15. To expend such sums as the Director deems necessary
30 from Contractual Services appropriations for the Division of
31 Criminal Investigation for the purchase of evidence and for
32 the employment of persons to obtain evidence. Such sums shall
33 be advanced to agents authorized by the Director to expend
34 funds, on vouchers signed by the Director.
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1 16. To assist victims and witnesses in gang crime
2 prosecutions through the administration of funds appropriated
3 from the Gang Violence Victims and Witnesses Fund to the
4 Department. Such funds shall be appropriated to the
5 Department and shall only be used to assist victims and
6 witnesses in gang crime prosecutions and such assistance may
7 include any of the following:
8 (a) temporary living costs;
9 (b) moving expenses;
10 (c) closing costs on the sale of private residence;
11 (d) first month's rent;
12 (e) security deposits;
13 (f) apartment location assistance;
14 (g) other expenses which the Department considers
15 appropriate; and
16 (h) compensation for any loss of or injury to real
17 or personal property resulting from a gang crime to a
18 maximum of $5,000, subject to the following provisions:
19 (1) in the case of loss of property, the
20 amount of compensation shall be measured by the
21 replacement cost of similar or like property which
22 has been incurred by and which is substantiated by
23 the property owner,
24 (2) in the case of injury to property, the
25 amount of compensation shall be measured by the cost
26 of repair incurred and which can be substantiated by
27 the property owner,
28 (3) compensation under this provision is a
29 secondary source of compensation and shall be
30 reduced by any amount the property owner receives
31 from any other source as compensation for the loss
32 or injury, including, but not limited to, personal
33 insurance coverage,
34 (4) no compensation may be awarded if the
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1 property owner was an offender or an accomplice of
2 the offender, or if the award would unjustly benefit
3 the offender or offenders, or an accomplice of the
4 offender or offenders.
5 No victim or witness may receive such assistance if he or
6 she is not a part of or fails to fully cooperate in the
7 prosecution of gang crime members by law enforcement
8 authorities.
9 The Department shall promulgate any rules necessary for
10 the implementation of this amendatory Act of 1985.
11 17. To conduct arson investigations.
12 18. To develop a separate statewide statistical police
13 contact record keeping system for the study of juvenile
14 delinquency. The records of this police contact system shall
15 be limited to statistical information. No individually
16 identifiable information shall be maintained in the police
17 contact statistical record system.
18 19. To develop a separate statewide central adjudicatory
19 and dispositional records system for persons under 19 years
20 of age who have been adjudicated delinquent minors and to
21 make information available to local registered participating
22 police youth officers so that police youth officers will be
23 able to obtain rapid access to the juvenile's background from
24 other jurisdictions to the end that the police youth officers
25 can make appropriate dispositions which will best serve the
26 interest of the child and the community. Information
27 maintained in the adjudicatory and dispositional record
28 system shall be limited to the incidents or offenses for
29 which the minor was adjudicated delinquent by a court, and a
30 copy of the court's dispositional order. All individually
31 identifiable records in the adjudicatory and dispositional
32 records system shall be destroyed when the person reaches 19
33 years of age.
34 20. To develop rules which guarantee the confidentiality
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1 of such individually identifiable adjudicatory and
2 dispositional records except when used for the following:
3 (a) by authorized juvenile court personnel or the
4 State's Attorney in connection with proceedings under the
5 Juvenile Court Act of 1987; or
6 (b) inquiries from registered police youth
7 officers.
8 For the purposes of this Act "police youth officer" means
9 a member of a duly organized State, county or municipal
10 police force who is assigned by his or her Superintendent,
11 Sheriff or chief of police, as the case may be, to specialize
12 in youth problems.
13 21. To develop administrative rules and administrative
14 hearing procedures which allow a minor, his or her attorney,
15 and his or her parents or guardian access to individually
16 identifiable adjudicatory and dispositional records for the
17 purpose of determining or challenging the accuracy of the
18 records. Final administrative decisions shall be subject to
19 the provisions of the Administrative Review Law.
20 22. To charge, collect, and receive fees or moneys
21 equivalent to the cost of providing Department of State
22 Police personnel, equipment, and services to local
23 governmental agencies when explicitly requested by a local
24 governmental agency and pursuant to an intergovernmental
25 agreement as provided by this Section, other State agencies,
26 and federal agencies, including but not limited to fees or
27 moneys equivalent to the cost of providing dispatching
28 services, radio and radar repair, and training to local
29 governmental agencies on such terms and conditions as in the
30 judgment of the Director are in the best interest of the
31 State; and to establish, charge, collect and receive fees or
32 moneys based on the cost of providing responses to requests
33 for criminal history record information pursuant to positive
34 identification and any Illinois or federal law authorizing
HB1433 Engrossed -11- LRB9002125MWpcA
1 access to some aspect of such information and to prescribe
2 the form and manner for requesting and furnishing such
3 information to the requestor on such terms and conditions as
4 in the judgment of the Director are in the best interest of
5 the State, provided fees for requesting and furnishing
6 criminal history record information may be waived for
7 requests in the due administration of the criminal laws. The
8 Department may also charge, collect and receive fees or
9 moneys equivalent to the cost of providing electronic data
10 processing lines or related telecommunication services to
11 local governments, but only when such services can be
12 provided by the Department at a cost less than that
13 experienced by said local governments through other means.
14 All services provided by the Department shall be conducted
15 pursuant to contracts in accordance with the
16 Intergovernmental Cooperation Act, and all telecommunication
17 services shall be provided pursuant to the provisions of
18 Section 67.18 of this Code.
19 All fees received by the Department of State Police under
20 this Act or the Illinois Uniform Conviction Information Act
21 shall be deposited in a special fund in the State Treasury to
22 be known as the State Police Services Fund. The money
23 deposited in the State Police Services Fund shall be
24 appropriated to the Department of State Police for expenses
25 of the Department of State Police.
26 In addition to any other permitted use of moneys in the
27 Fund, and notwithstanding any restriction on the use of the
28 Fund, moneys in the State Police Services Fund may be
29 transferred to the General Revenue Fund as authorized by this
30 amendatory Act of 1992. The General Assembly finds that an
31 excess of moneys exists in the Fund. On February 1, 1992,
32 the Comptroller shall order transferred and the Treasurer
33 shall transfer $500,000 (or such lesser amount as may be on
34 deposit in the Fund and unexpended and unobligated on that
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1 date) from the Fund to the General Revenue Fund.
2 Upon the completion of any audit of the Department of
3 State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 23. To exercise the powers and perform the duties which
8 have been vested in the Department of State Police by the
9 Intergovernmental Missing Child Recovery Act of 1984, and to
10 establish reasonable rules and regulations necessitated
11 thereby.
12 24. (a) To establish and maintain a statewide Law
13 Enforcement Agencies Data System (LEADS) for the purpose of
14 effecting an immediate law enforcement response to reports of
15 missing persons, including lost, missing or runaway minors.
16 The Department shall implement an automatic data exchange
17 system to compile, to maintain and to make available to other
18 law enforcement agencies for immediate dissemination data
19 which can assist appropriate agencies in recovering missing
20 persons.
21 (b) In exercising its duties under this subsection, the
22 Department shall:
23 (1) provide a uniform reporting format for the
24 entry of pertinent information regarding the report of a
25 missing person into LEADS;
26 (2) develop and implement a policy whereby a
27 statewide or regional alert would be used in situations
28 relating to the disappearances of individuals, based on
29 criteria and in a format established by the Department.
30 Such a format shall include, but not be limited to, the
31 age of the missing person and the suspected circumstance
32 of the disappearance;
33 (3) notify all law enforcement agencies that
34 reports of missing persons shall be entered as soon as
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1 the minimum level of data specified by the Department is
2 available to the reporting agency, and that no waiting
3 period for the entry of such data exists;
4 (4) compile and retain information regarding lost,
5 abducted, missing or runaway minors in a separate data
6 file, in a manner that allows such information to be used
7 by law enforcement and other agencies deemed appropriate
8 by the Director, for investigative purposes. Such
9 information shall include the disposition of all reported
10 lost, abducted, missing or runaway minor cases;
11 (5) compile and maintain an historic data
12 repository relating to lost, abducted, missing or runaway
13 minors and other missing persons in order to develop and
14 improve techniques utilized by law enforcement agencies
15 when responding to reports of missing persons; and
16 (6) create a quality control program regarding
17 confirmation of missing person data, timeliness of
18 entries of missing person reports into LEADS and
19 performance audits of all entering agencies.
20 25. On request of a school board or regional
21 superintendent of schools, to conduct an inquiry pursuant to
22 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
23 an applicant for employment in a school district has been
24 convicted of any criminal or drug offenses enumerated in
25 Section 10-21.9 or 34-18.5 of the School Code. The
26 Department shall furnish such pending arrest and conviction
27 information to the President of the school board of the
28 school district which has requested the information, or if
29 the information was requested by the regional superintendent
30 to that regional superintendent.
31 26. To promulgate rules and regulations necessary for
32 the administration and enforcement of its powers and duties,
33 wherever granted and imposed, pursuant to the Illinois
34 Administrative Procedure Act.
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1 27. To (a) promulgate rules pertaining to the
2 certification, revocation of certification and training of
3 law enforcement officers as electronic criminal surveillance
4 officers, (b) provide training and technical assistance to
5 State's Attorneys and local law enforcement agencies
6 pertaining to the interception of private oral
7 communications, (c) promulgate rules necessary for the
8 administration of Article 108B of the Code of Criminal
9 Procedure of 1963, including but not limited to standards for
10 recording and minimization of electronic criminal
11 surveillance intercepts, documentation required to be
12 maintained during an intercept, procedures in relation to
13 evidence developed by an intercept, and (d) charge a
14 reasonable fee to each law enforcement agency that sends
15 officers to receive training as electronic criminal
16 surveillance officers.
17 28. Upon the request of any private organization which
18 devotes a major portion of its time to the provision of
19 recreational, social, educational or child safety services to
20 children, to conduct, pursuant to positive identification,
21 criminal background investigations of all of that
22 organization's current employees, current volunteers,
23 prospective employees or prospective volunteers charged with
24 the care and custody of children during the provision of the
25 organization's services, and to report to the requesting
26 organization any record of convictions and pending arrests
27 (as defined in Section 2-23 of the Criminal Code of 1961)
28 maintained in the Department's files about such persons. The
29 Department shall charge an application fee, based on actual
30 costs, for the dissemination of conviction information
31 pursuant to this subsection. The Department is empowered to
32 establish this fee and shall prescribe the form and manner
33 for requesting and furnishing conviction and pending arrest
34 information pursuant to this subsection. Information received
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1 by the organization from the Department concerning an
2 individual shall be provided to such individual. Any such
3 information obtained by the organization shall be
4 confidential and may not be transmitted outside the
5 organization and may not be transmitted to anyone within the
6 organization except as needed for the purpose of evaluating
7 the individual. Only information and standards which bear a
8 reasonable and rational relation to the performance of child
9 care shall be used by the organization. Any employee of the
10 Department or any member, employee or volunteer of the
11 organization receiving confidential information under this
12 subsection who gives or causes to be given any confidential
13 information concerning any criminal convictions or pending
14 arrests of an individual shall be guilty of a Class A
15 misdemeanor unless release of such information is authorized
16 by this subsection.
17 29. Upon the request of the Department of Children and
18 Family Services, to investigate reports of child abuse or
19 neglect.
20 30. To obtain registration of a fictitious vital record
21 pursuant to Section 15.1 of the Vital Records Act.
22 31. To collect and disseminate information relating to
23 "hate crimes" as defined under Section 12-7.1 of the Criminal
24 Code of 1961 contingent upon the availability of State or
25 Federal funds to revise and upgrade the Illinois Uniform
26 Crime Reporting System. All law enforcement agencies shall
27 report monthly to the Department of State Police concerning
28 such offenses in such form and in such manner as may be
29 prescribed by rules and regulations adopted by the Department
30 of State Police. Such information shall be compiled by the
31 Department and be disseminated upon request to any local law
32 enforcement agency, unit of local government, or state
33 agency. Dissemination of such information shall be subject
34 to all confidentiality requirements otherwise imposed by law.
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1 The Department of State Police shall provide training for
2 State Police officers in identifying, responding to, and
3 reporting all hate crimes. The Illinois Local Governmental
4 Law Enforcement Officer's Training Board shall develop and
5 certify a course of such training to be made available to
6 local law enforcement officers.
7 32. Upon the request of a private carrier company that
8 provides transportation under Section 28b of the Metropolitan
9 Transit Authority Act, to ascertain if an applicant for a
10 driver position has been convicted of, or has any pending
11 arrest (as defined in Section 2-23 of the Criminal Code of
12 1961) for, any criminal or drug offense enumerated in Section
13 28b of the Metropolitan Transit Authority Act. The
14 Department shall furnish the conviction and pending arrest
15 information to the private carrier company that requested the
16 information.
17 33. To apply for grants or contracts, receive, expend,
18 allocate, or disburse funds and moneys made available by
19 public or private entities, including, but not limited to,
20 contracts, bequests, grants, or receiving equipment from
21 corporations, foundations, or public or private institutions
22 of higher learning. All funds received by the Department
23 from these sources shall be deposited into the appropriate
24 fund in the State Treasury to be appropriated to the
25 Department for purposes as indicated by the grantor or
26 contractor or, in the case of funds or moneys bequeathed or
27 granted for no specific purpose, for any purpose as deemed
28 appropriate by the Director in administering the
29 responsibilities of the Department.
30 34. Upon the request of the Department of Children and
31 Family Services, the Department of State Police shall provide
32 properly designated employees of the Department of Children
33 and Family Services with criminal history record information
34 as defined in the Illinois Uniform Conviction Information Act
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1 and information maintained in the adjudicatory and
2 dispositional record system as defined in subdivision (A)19
3 of this Section if the Department of Children and Family
4 Services determines the information is necessary to perform
5 its duties under the Abused and Neglected Child Reporting
6 Act, the Child Care Act of 1969, and the Children and Family
7 Services Act. The request shall be in the form and manner
8 specified by the Department of State Police.
9 (B) The Department of State Police may establish and
10 maintain, within the Department of State Police, a Statewide
11 Organized Criminal Gang Database (SWORD) for the purpose of
12 tracking organized criminal gangs and their memberships.
13 Information in the database may include, but not be limited
14 to, the name, last known address, birth date, physical
15 descriptions (such as scars, marks, or tattoos), officer
16 safety information, organized gang affiliation, and entering
17 agency identifier. The Department may develop, in
18 consultation with the Criminal Justice Information Authority,
19 and in a form and manner prescribed by the Department, an
20 automated data exchange system to compile, to maintain, and
21 to make this information electronically available to
22 prosecutors and to other law enforcement agencies. The
23 information may be used by authorized agencies to combat the
24 operations of organized criminal gangs statewide.
25 (C) The Department of State Police may ascertain the
26 number of bilingual police officers and other personnel
27 needed to provide services in a language other than English
28 and may establish, under applicable personnel rules and
29 Department guidelines or through a collective bargaining
30 agreement, a bilingual pay supplement program.
31 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
32 Section 15. The Criminal Identification Act is amended
33 by changing Sections 2.1, 3, and 3.1 as follows:
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1 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
2 Sec. 2.1. For the purpose of maintaining complete and
3 accurate criminal records of the Department of State Police,
4 it is necessary for all policing bodies of this State, the
5 clerk of the circuit court, the Illinois Department of
6 Corrections, the sheriff of each county, and State's Attorney
7 of each county to submit certain criminal arrest, charge, and
8 disposition information to the Department for filing at the
9 earliest time possible. Unless otherwise noted herein, it
10 shall be the duty of all policing bodies of this State, the
11 clerk of the circuit court, the Illinois Department of
12 Corrections, the sheriff of each county, and the State's
13 Attorney of each county to report such information as
14 provided in this Section, both in the form and manner
15 required by the Department and within 30 days of the criminal
16 history event. Specifically:
17 (a) Arrest Information. All agencies making arrests for
18 offenses which are required by statute to be collected,
19 maintained or disseminated by the Department of State Police
20 shall be responsible for furnishing daily to the Department
21 fingerprints, charges and descriptions of all persons who are
22 arrested for such offenses. All such agencies shall also
23 notify the Department of all decisions by the arresting
24 agency not to refer such arrests for prosecution. With
25 approval of the Department, an agency making such arrests may
26 enter into arrangements with other agencies for the purpose
27 of furnishing daily such fingerprints, charges and
28 descriptions to the Department upon its behalf.
29 (b) Charge Information. The State's Attorney of each
30 county shall notify the Department of only those all charges
31 not filed, including all those added subsequent to the filing
32 of a case, and whether charges were not filed in cases for
33 which the Department has received information required to be
34 reported pursuant to paragraph (a) of this Section. With
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1 approval of the Department, the State's Attorney may enter
2 into arrangements with other agencies for the purpose of
3 furnishing the information required by this subsection (b) to
4 the Department upon the State's Attorney's behalf.
5 (c) Disposition Information. The clerk of the circuit
6 court of each county shall furnish the Department, in the
7 form and manner required by the Supreme Court, with all final
8 dispositions of cases for which the Department has received
9 information required to be reported pursuant to paragraphs
10 (a) or (d) of this Section. Such information shall include,
11 for each charge, all (1) judgments of not guilty, judgments
12 of guilty including the sentence pronounced by the court,
13 discharges and dismissals in the court; (2) reviewing court
14 orders filed with the clerk of the circuit court which
15 reverse or remand a reported conviction or vacate or modify a
16 sentence; (3) continuances to a date certain in furtherance
17 of an order of supervision granted under Section 5-6-1 of the
18 Unified Code of Corrections or an order of probation granted
19 under Section 10 of the Cannabis Control Act, Section 410 of
20 the Illinois Controlled Substances Act, Section 12-4.3 of the
21 Criminal Code of 1961, Section 10-102 of the Illinois
22 Alcoholism and Other Drug Dependency Act, Section 40-10 of
23 the Alcoholism and Other Drug Abuse and Dependency Act, or
24 Section 10 of the Steroid Control Act; and (4) judgments
25 terminating or revoking a sentence to probation, supervision
26 or conditional discharge and any resentencing after such
27 revocation.
28 (d) Fingerprints After Sentencing.
29 (1) After the court pronounces sentence, or issues
30 an order of supervision or an order of probation granted
31 under Section 10 of the Cannabis Control Act, Section 410
32 of the Illinois Controlled Substances Act, Section 12-4.3
33 of the Criminal Code of 1961, Section 10-102 of the
34 Illinois Alcoholism and Other Drug Dependency Act,
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1 Section 40-10 of the Alcoholism and Other Drug Abuse and
2 Dependency Act, or Section 10 of the Steroid Control Act,
3 for any offense which is required by statute to be
4 collected, maintained, or disseminated by the Department
5 of State Police, the State's Attorney of each county
6 shall ask the court to order a law enforcement agency to
7 fingerprint immediately all persons appearing before the
8 court who have not previously been fingerprinted for the
9 same case. The court shall so order the requested
10 fingerprinting, if it determines that any such person has
11 not previously been fingerprinted for the same case. The
12 law enforcement agency shall submit such fingerprints to
13 the Department daily.
14 (2) After the court pronounces sentence for any
15 offense which is not required by statute to be collected,
16 maintained, or disseminated by the Department of State
17 Police, the prosecuting attorney may ask the court to
18 order a law enforcement agency to fingerprint immediately
19 all persons appearing before the court who have not
20 previously been fingerprinted for the same case. The
21 court may so order the requested fingerprinting, if it
22 determines that any so sentenced person has not
23 previously been fingerprinted for the same case. The law
24 enforcement agency may retain such fingerprints in its
25 files.
26 (e) Corrections Information. The Illinois Department of
27 Corrections and the sheriff of each county shall furnish the
28 Department with all information concerning the receipt,
29 escape, execution, death, release, pardon, parole,
30 commutation of sentence, granting of executive clemency or
31 discharge of an individual who has been sentenced to the
32 agency's custody for any offenses which are mandated by
33 statute to be collected, maintained or disseminated by the
34 Department of State Police. For an individual who has been
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1 charged with any such offense and who escapes from custody or
2 dies while in custody, all information concerning the receipt
3 and escape or death, whichever is appropriate, shall also be
4 so furnished to the Department.
5 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)
6 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
7 Sec. 3. (A) The Department shall file or cause to be
8 filed all plates, photographs, outline pictures,
9 measurements, descriptions and information which shall be
10 received by it by virtue of its office and shall make a
11 complete and systematic record and index of the same,
12 providing thereby a method of convenient reference and
13 comparison. The Department shall furnish, upon application,
14 all information pertaining to the identification of any
15 person or persons, a plate, photograph, outline picture,
16 description, measurements, or any data of which there is a
17 record in its office. Such information shall be furnished to
18 peace officers of the United States, of other states or
19 territories, of the Insular possessions of the United States,
20 of foreign countries duly authorized to receive the same, to
21 all peace officers of the State of Illinois, to investigators
22 of the Illinois Law Enforcement Training Standards Board and,
23 conviction and pending arrest (as defined in Section 2-23 of
24 the Criminal Code of 1961) information only, to units of
25 local government, school districts and private organizations,
26 under the provisions of Section 55a of the Civil
27 Administrative Code of Illinois. Applications shall be in
28 writing and accompanied by a certificate, signed by the peace
29 officer or chief administrative officer or his designee
30 making such application, to the effect that the information
31 applied for is necessary in the interest of and will be used
32 solely in the due administration of the criminal laws or for
33 the purpose of evaluating the qualifications and character of
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1 employees or prospective employees of units of local
2 government and school districts and of employees, prospective
3 employees, volunteers or prospective volunteers of such
4 private organizations.
5 For the purposes of this subsection, "chief
6 administrative officer" is defined as follows:
7 a) The city manager of a city or, if a city does
8 not employ a city manager, the mayor of the city.
9 b) The manager of a village or, if a village does
10 not employ a manager, the president of the village.
11 c) The chairman or president of a county board or,
12 if a county has adopted the county executive form of
13 government, the chief executive officer of the county.
14 d) The president of the school board of a school
15 district.
16 e) The supervisor of a township.
17 f) The official granted general administrative
18 control of a special district, an authority, or
19 organization of government establishment by law which may
20 issue obligations and which either may levy a property
21 tax or may expend funds of the district, authority, or
22 organization independently of any parent unit of
23 government.
24 g) The executive officer granted general
25 administrative control of a private organization defined
26 in subsection 27 of Section 55a of the Civil
27 Administrative Code of Illinois.
28 (B) Upon written application and payment of fees
29 authorized by this subsection, State agencies and units of
30 local government, not including school districts, are
31 authorized to submit fingerprints of employees, prospective
32 employees and license applicants to the Department for the
33 purpose of obtaining conviction information maintained by the
34 Department and the Federal Bureau of Investigation about such
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1 persons. The Department shall submit such fingerprints to
2 the Federal Bureau of Investigation on behalf of such
3 agencies and units of local government. The Department shall
4 charge an application fee, based on actual costs, for the
5 dissemination of conviction information pursuant to this
6 subsection. The Department is empowered to establish this
7 fee and shall prescribe the form and manner for requesting
8 and furnishing conviction information pursuant to this
9 subsection.
10 (C) Upon payment of fees authorized by this subsection,
11 the Department shall furnish to the commanding officer of a
12 military installation in Illinois having an arms storage
13 facility, upon written request of such commanding officer or
14 his designee, and in the form and manner prescribed by the
15 Department, all criminal history record information
16 pertaining to any individual seeking access to such a storage
17 facility, where such information is sought pursuant to a
18 federally-mandated security or criminal history check.
19 The Department shall establish and charge a fee, not to
20 exceed actual costs, for providing information pursuant to
21 this subsection.
22 (Source: P.A. 88-461; 88-586, eff. 8-12-94.)
23 (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
24 Sec. 3.1. (a) The Department may furnish, pursuant to
25 positive identification, records of convictions and pending
26 arrests (as defined in Section 2-23 of the Criminal Code of
27 1961) to the Department of Professional Regulation for the
28 purpose of meeting registration or licensure requirements
29 under the Private Detective, Private Alarm, and Private
30 Security Act of 1983.
31 (b) The Department may furnish, pursuant to positive
32 identification, records of convictions and pending arrests
33 (as defined in Section 2-23 of the Criminal Code of 1961) to
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1 policing bodies of this State for the purpose of assisting
2 local liquor control commissioners in carrying out their duty
3 to refuse to issue licenses to persons specified in
4 paragraphs (4), (5) and (6) of Section 6-2 of the Liquor
5 Control Act of 1934.
6 (c) The Department shall charge an application fee,
7 based on actual costs, for the dissemination of records
8 pursuant to this Section. Fees received for the
9 dissemination of records pursuant to this Section shall be
10 deposited in the State Police Services Fund. The Department
11 is empowered to establish this fee and to prescribe the form
12 and manner for requesting and furnishing conviction and
13 pending arrest information pursuant to this Section.
14 (d) Any dissemination of any information obtained
15 pursuant to this Section to any person not specifically
16 authorized hereby to receive or use it for the purpose for
17 which it was disseminated shall constitute a violation of
18 Section 7.
19 (Source: P.A. 85-1440.)
20 Section 20. The Illinois Uniform Conviction Information
21 Act is amended by changing Sections 2, 3, 4, 5, 6, 7, 8, 9,
22 10, 12, 13, 14, 15, 17, 18, 20, and 23 as follows:
23 (20 ILCS 2635/2) (from Ch. 38, par. 1602)
24 Sec. 2. Legislative Findings and Purposes. (A) The
25 legislature finds and hereby declares that conviction and
26 pending arrest information maintained by the Illinois
27 Department of State Police shall be publicly available in the
28 State of Illinois.
29 (B) The purpose of this Act is: (1) to establish uniform
30 policy for gaining access to and disseminating conviction and
31 pending arrest information maintained by the State of
32 Illinois; (2) to establish guidelines and priorities which
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1 fully support effective law enforcement and ongoing criminal
2 investigations and which ensure that conviction and pending
3 arrest information is made accessible within appropriate time
4 frames; (3) to ensure the accuracy and completeness of
5 conviction and pending arrest information in the State of
6 Illinois; and (4) to establish procedures for effectively
7 correcting errors and providing individuals with redress of
8 grievances in the event that inaccurate or incomplete
9 information may be disseminated about them.
10 (Source: P.A. 85-922.)
11 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
12 Sec. 3. Definitions. Whenever used in this Act, and for
13 the purposes of this Act, unless the context clearly
14 indicates otherwise:
15 (A) "Accurate" means factually correct, containing no
16 mistake or error of a material nature.
17 (B) The phrase "administer the criminal laws" includes
18 any of the following activities: intelligence gathering,
19 surveillance, criminal investigation, crime detection and
20 prevention (including research), apprehension, detention,
21 pretrial or post-trial release, prosecution, the correctional
22 supervision or rehabilitation of accused persons or criminal
23 offenders, criminal identification activities, or the
24 collection, maintenance or dissemination of criminal history
25 record information.
26 (C) "The Authority" means the Illinois Criminal Justice
27 Information Authority.
28 (D) "Automated" means the utilization of computers,
29 telecommunication lines, or other automatic data processing
30 equipment for data collection or storage, analysis,
31 processing, preservation, maintenance, dissemination, or
32 display and is distinguished from a system in which such
33 activities are performed manually.
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1 (E) "Complete" means accurately reflecting all the
2 criminal history record information about an individual that
3 is required to be reported to the Department pursuant to
4 Section 2.1 of the Criminal Identification Act.
5 (F) "Conviction information" means data reflecting a
6 judgment of guilt or nolo contendere. The term includes all
7 prior and subsequent criminal history events directly
8 relating to such judgments, such as, but not limited to: (1)
9 the notation of arrest; (2) the notation of charges filed;
10 (3) the sentence imposed; (4) the fine imposed; and (5) all
11 related probation, parole, and release information.
12 Information ceases to be "conviction information" when a
13 judgment of guilt is reversed or vacated.
14 For purposes of this Act, continuances to a date certain
15 in furtherance of an order of supervision granted under
16 Section 5-6-1 of the Unified Code of Corrections or an order
17 of probation granted under either Section 10 of the Cannabis
18 Control Act, Section 410 of the Illinois Controlled
19 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
20 Section 10-102 of the Illinois Alcoholism and Other Drug
21 Dependency Act, Section 40-10 of the Alcoholism and Other
22 Drug Abuse and Dependency Act, or Section 10 of the Steroid
23 Control Act shall not be deemed "conviction information".
24 (G) "Criminal history record information" means data
25 identifiable to an individual and consisting of descriptions
26 or notations of arrests, detentions, indictments,
27 informations, pretrial proceedings, trials, or other formal
28 events in the criminal justice system or descriptions or
29 notations of criminal charges (including criminal violations
30 of local municipal ordinances) and the nature of any
31 disposition arising therefrom, including sentencing, court or
32 correctional supervision, rehabilitation and release. The
33 term does not apply to statistical records and reports in
34 which individual are not identified and from which their
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1 identities are not ascertainable, or to information that is
2 for criminal investigative or intelligence purposes.
3 (H) "Criminal justice agency" means (1) a government
4 agency or any subunit thereof which is authorized to
5 administer the criminal laws and which allocates a
6 substantial part of its annual budget for that purpose, or
7 (2) an agency supported by public funds which is authorized
8 as its principal function to administer the criminal laws and
9 which is officially designated by the Department as a
10 criminal justice agency for purposes of this Act.
11 (I) "The Department" means the Illinois Department of
12 State Police.
13 (J) "Director" means the Director of the Illinois
14 Department of State Police.
15 (K) "Disseminate" means to disclose or transmit
16 conviction and pending arrest information in any form, oral,
17 written, or otherwise.
18 (L) "Exigency" means pending danger or the threat of
19 pending danger to an individual or property.
20 (M) "Non-criminal justice agency" means a State agency,
21 Federal agency, or unit of local government that is not a
22 criminal justice agency. The term does not refer to private
23 individuals, corporations, or non-governmental agencies or
24 organizations.
25 (M-5) "Request" means the submission to the Department,
26 in the form and manner required, the necessary data elements
27 or fingerprints, or both, to allow the Department to initiate
28 a search of its criminal history record information files.
29 (N) "Requester" means any private individual,
30 corporation, organization, employer, employment agency, labor
31 organization, or non-criminal justice agency that has made a
32 request pursuant to this Act to obtain conviction information
33 maintained in the files of the Department of State Police
34 regarding a particular individual.
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1 (O) "Statistical information" means data from which the
2 identity of an individual cannot be ascertained,
3 reconstructed, or verified and to which the identity of an
4 individual cannot be linked by the recipient of the
5 information.
6 (P) "Pending arrest" is any arrest, reported to the
7 Illinois State Police, that is within 2 years after the date
8 of arrest where no court disposition has been reported.
9 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)
10 (20 ILCS 2635/4) (from Ch. 38, par. 1604)
11 Sec. 4. Applicability.
12 (A) The provisions of this Act shall apply only to
13 conviction and pending arrest information mandated by statute
14 to be reported to or to be collected, maintained, or
15 disseminated by the Department of State Police.
16 (B) The provisions of this Act shall not apply to
17 statistical information.
18 (C) In the event of conflict between the application of
19 this Act and the statutes listed in paragraphs (1), (2), (3),
20 (4), or (5) below, the statutes listed below, as hereafter
21 amended, shall control unless specified otherwise:
22 (1) The Juvenile Court Act of 1987; or
23 (2) Section 5-3-4 of the Unified Code of
24 Corrections; or
25 (3) Paragraph (4) of Section 12 of the Probation
26 and Probation Officers Act; or
27 (4) Section 2.1 of the Criminal Identification Act;
28 or
29 (5) The Pretrial Services Act.
30 (Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)
31 (20 ILCS 2635/5) (from Ch. 38, par. 1605)
32 Sec. 5. Public Availability of Conviction and Pending
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1 Arrest Information. All conviction and pending arrest
2 information mandated by statute to be collected and
3 maintained by the Department of State Police shall be open to
4 public inspection in the State of Illinois, except that
5 pending arrest information may be disseminated for employment
6 and licensing purposes only. All persons, state agencies and
7 units of local government shall have access to inspect,
8 examine and reproduce such information, in accordance with
9 this Act, and shall have the right to take memoranda and
10 abstracts concerning such information, except to the extent
11 that the provisions of this Act or other Illinois statutes
12 might create specific restrictions on the use or disclosure
13 of such information.
14 (Source: P.A. 85-922.)
15 (20 ILCS 2635/6) (from Ch. 38, par. 1606)
16 Sec. 6. Dissemination Time Frames and Priorities. (A)
17 The Department's duty and obligation to furnish criminal
18 history record information to peace officers and criminal
19 justice agencies shall take precedence over any requirement
20 of this Act to furnish conviction and pending arrest
21 information to non-criminal justice agencies or to the
22 public. When, in the judgment of the Director, such duties
23 and obligations are being fulfilled in a timely manner, the
24 Department shall furnish conviction and pending arrest
25 information to requesters in accordance with the provisions
26 of this Act. The Department may give priority to requests
27 for conviction information from non-criminal justice
28 agencies over other requests submitted pursuant to this Act.
29 (B) The Department shall attempt to honor requests for
30 conviction information made pursuant to this Act in the
31 shortest time possible. Subject to the dissemination
32 priorities of subsection (A) of this Section, the Department
33 shall respond to a request for conviction information within
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1 2 weeks from receipt of a request.
2 (Source: P.A. 85-922.)
3 (20 ILCS 2635/7) (from Ch. 38, par. 1607)
4 Sec. 7. Restrictions on the Use of Conviction and
5 Pending Arrest Information.
6 (A) The following provisions shall apply to requests
7 submitted pursuant to this Act for employment or licensing
8 purposes or submitted to comply with the provisions of
9 subsection (B) of this Section:
10 (1) A requester shall, in the form and manner
11 prescribed by the Department, submit a request to the
12 Department, and maintain on file for at least 2 years a
13 release signed by the individual to whom the information
14 request pertains. The Department shall furnish the
15 requester with a copy of its response.
16 (2) Each requester of conviction information
17 furnished by the Department shall provide the individual
18 named in the request with a copy of the response
19 furnished by the Department. Within 7 working days of
20 receipt of such copy, the individual shall have the
21 obligation and responsibility to notify the requester if
22 the information is inaccurate or incomplete.
23 (3) Unless notified by the individual named in the
24 request or by the Department that the information
25 furnished is inaccurate or incomplete, no requester of
26 conviction information shall be liable for damages to any
27 person to whom the information pertains for actions the
28 requester may reasonably take in reliance on the accuracy
29 and completeness of conviction information received from
30 the Department pursuant to this Act, if: (a) the
31 requester in good faith believes the conviction
32 information furnished by the Department to be accurate
33 and complete; (b) the requester has complied with the
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1 requirements of paragraphs (1) and (2) of this subsection
2 (A); and (c) the identifying information submitted by the
3 requester to the Department is accurate with respect to
4 the individual about whom the information was requested.
5 (4) Consistent with rules adopted by the Department
6 pursuant to Section 7 of "An Act in relation to criminal
7 identification and investigation", approved July 2, 1931,
8 as amended, the individual to whom the conviction
9 information pertains may initiate proceedings directly
10 with the Department to challenge or correct a record
11 furnished by the Department pursuant to this subsection
12 (A). Such correction proceedings shall be given priority
13 over other individual record review and challenges filed
14 with the Department.
15 (B) Regardless of the purpose of the request, no
16 requester of conviction information shall be liable for
17 damages to any person to whom the information pertains for
18 actions the requester may reasonably take in reliance on the
19 accuracy and completeness of conviction information received
20 from the Department pursuant to this Act, if: (1) the
21 requester in good faith believes the conviction information
22 furnished by the Department to be accurate and complete; (2)
23 the requester has complied with the requirements of
24 paragraphs (1) and (2) of subsection (A) of this Section; and
25 (3) the identifying information submitted by the requester to
26 the Department is accurate with respect to the individual
27 about whom the information was requested.
28 (Source: P.A. 88-368.)
29 (20 ILCS 2635/8) (from Ch. 38, par. 1608)
30 Sec. 8. Form, Manner and Fees for Requesting and
31 Obtaining Conviction and Pending Arrest Information.
32 (A) The Department shall prescribe the form and manner
33 for requesting and furnishing conviction and pending arrest
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1 information pursuant to this Act. The Department shall
2 prescribe the types of identifying information that must be
3 submitted to the Department in order to process any request
4 for conviction information and the form and manner for making
5 such application, consistent with this Act.
6 (B) The Department shall establish the maximum fee it
7 shall charge and assess for processing requests for
8 conviction information, and the Authority shall establish the
9 maximum fee that other criminal justice agencies shall charge
10 and assess for processing requests for conviction information
11 pursuant to this Act. Such fees shall include the general
12 costs associated with performing a search for all information
13 about each person for which a request is received including
14 classification, search, retrieval, reproduction, manual and
15 automated data processing, telecommunications services,
16 supplies, mailing and those general costs associated with the
17 inquiries required by subsection (B) of Section 9 and Section
18 13 of this Act, and, when applicable, such fees shall provide
19 for the direct payment to or reimbursement of a criminal
20 justice agency for assisting the requester or the Department
21 pursuant to this Act. In establishing the fees required by
22 this Section, the Department and the Authority may also take
23 into account the costs relating to multiple or automated
24 requests and disseminations and the costs relating to any
25 other special factors or circumstances required by statute or
26 rule. The maximum fees established by the Authority pursuant
27 to this Section shall be reviewed annually, and may be waived
28 or reduced at the discretion of a criminal justice agency.
29 (Source: P.A. 88-368.)
30 (20 ILCS 2635/9) (from Ch. 38, par. 1609)
31 Sec. 9. Procedural Requirements for Disseminating
32 Conviction and Pending Arrest Information.
33 (A) In accordance with the time parameters of Section 6
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1 and the requirements of subsections (B) and (C) of this
2 Section 9, the Department shall either: (1) transmit
3 conviction and pending arrest information to the requester,
4 including an explanation of any code or abbreviation; (2)
5 explain to the requester why the information requested cannot
6 be transmitted; or (3) inform the requester of any deficiency
7 in the request.
8 (B) Prior to a non-automated dissemination or within 30
9 days subsequent to an automated dissemination made pursuant
10 to this Act, the Department shall first conduct a formal
11 update inquiry and review to make certain that the
12 information disseminated is complete, except (1) in cases of
13 exigency, (2) upon request of another criminal justice
14 agency, (3) for conviction information that is less than 30
15 days old, or (4) for information intentionally fabricated
16 upon the express written authorization of the Director of
17 State Police to support undercover law enforcement efforts.
18 It shall be the responsibility of the Department to
19 retain a record of every extra-agency dissemination of
20 conviction and pending arrest information for a period of not
21 less than 3 years. Such records shall be subject to audit by
22 the Department, and shall, upon request, be supplied to the
23 individual to whom the information pertains for requests from
24 members of the general public, corporations, organizations,
25 employers, employment agencies, labor organizations and
26 non-criminal justice agencies. At a minimum, the following
27 information shall be recorded and retained by the Department:
28 (1) The name of the individual to whom the
29 disseminated information pertains;
30 (2) The name of the individual requesting the
31 information;
32 (3) The date of the request;
33 (4) The name and address of the private individual,
34 corporation, organization, employer, employment agency,
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1 labor organization or non-criminal justice agency
2 receiving the information; and
3 (5) The date of the dissemination.
4 (Source: P.A. 88-368.)
5 (20 ILCS 2635/10) (from Ch. 38, par. 1610)
6 Sec. 10. Dissemination requests Based Upon Fingerprint
7 Identification. When fingerprint identification accompanies
8 a request for conviction information maintained by the
9 Department, an appropriate statement shall be issued by the
10 Department indicating that the information furnished by the
11 Department positively pertains to the individual whose
12 fingerprints were submitted and that the response contains
13 all the conviction and pending arrest information that has
14 been reported to the Department pursuant to Section 2.1 of
15 "An Act in relation to criminal identification and
16 investigation", approved July 2, 1931, as amended.
17 (Source: P.A. 85-922.)
18 (20 ILCS 2635/12) (from Ch. 38, par. 1612)
19 Sec. 12. Error Notification and Correction Procedure.
20 It is the duty and responsibility of the Department to
21 maintain accurate and complete criminal history record
22 information and to correct or update such information after
23 determination by audit, individual review and challenge
24 procedures, or by other verifiable means, that it is
25 incomplete or inaccurate. Except as may be required for a
26 longer period of time by Illinois law, the Department shall
27 notify a requester if a subsequent disposition of conviction
28 or a subsequent modification of conviction information a
29 disposition has been reported to the Department within 30
30 days of responding to the requester.
31 (Source: P.A. 85-922.)
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1 (20 ILCS 2635/13) (from Ch. 38, par. 1613)
2 Sec. 13. Limitation on Further Dissemination. Unless
3 otherwise permitted by law or in the case of exigency, the
4 subsequent dissemination of conviction information furnished
5 by the Department pursuant to this Act shall only be
6 permitted by a requester for the 30 day period immediately
7 following receipt of the information. Except as permitted in
8 this Section, any requester still wishing to further
9 disseminate or to rely on the accuracy and completeness of
10 conviction information more than 30 days from receipt of the
11 information from the Department shall initiate a new request
12 to the Department for current information.
13 (Source: P.A. 88-368.)
14 (20 ILCS 2635/14) (from Ch. 38, par. 1614)
15 Sec. 14. Judicial Remedies. (A) The Attorney General or
16 a State's Attorney may bring suit in the circuit courts to
17 prevent and restrain violations of this Act and to enforce
18 the reporting provisions of Section 2.1 of "An Act in
19 relation to criminal identification and investigation",
20 approved July 2, 1931, as amended. The Department may
21 request the Attorney General to bring any such action
22 authorized by this subsection.
23 (B) An individual aggrieved by a violation of this Act
24 by a State agency or unit of local government shall have the
25 right to pursue a civil action for damages or other
26 appropriate legal or equitable remedy, including an action to
27 compel the Department to disclose or correct conviction
28 information in its files, once administrative remedies have
29 been exhausted.
30 (C) Any civil action for damages alleging the negligent
31 dissemination of inaccurate or incomplete conviction
32 information by a State agency or by a unit of local
33 government in violation of this Act may only be brought
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1 against the State agency or unit of local government and
2 shall not be brought against any employee or official
3 thereof.
4 (D) Civil remedies authorized by this Section may be
5 brought in any circuit court of the State of Illinois in the
6 county in which the violation occurs or in the county where
7 the State agency or unit of local government is situated;
8 except all damage claims against the State of Illinois for
9 violations of this Act shall be determined by the Court of
10 Claims.
11 (Source: P.A. 85-922.)
12 (20 ILCS 2635/15) (from Ch. 38, par. 1615)
13 Sec. 15. Civil Damages. (A) In any action brought
14 pursuant to this Act, an individual aggrieved by any
15 violation of this Act shall be entitled to recover actual and
16 general compensatory damages for each violation, together
17 with costs and attorney's fees reasonably incurred,
18 consistent with Section 16 of this Act. In addition, an
19 individual aggrieved by a willful violation of this Act shall
20 be entitled to recover $1,000. In addition, an individual
21 aggrieved by a non-willful violation of this Act for which
22 there has been dissemination of inaccurate or incomplete
23 conviction information shall be entitled to recover $200;
24 provided, however, if conviction information is determined to
25 be incomplete or inaccurate, by audit, by individual review
26 and challenge procedures, or by other verifiable means, then
27 the individual aggrieved shall only be entitled to recover
28 such amount if the Department fails to correct the
29 information within 30 days.
30 (B) For the purposes of this Act, the State of Illinois
31 shall be liable for damages as provided in this Section and
32 for attorney's fees and litigation costs as provided in
33 Section 16 of this Act. All damage claims against the State
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1 of Illinois or any of its agencies for violations of this Act
2 shall be determined by the Court of Claims.
3 (C) For purposes of limiting the amount of civil damages
4 that may be assessed against the State of Illinois or a unit
5 of local government pursuant to this Section, a State agency,
6 a unit of local government, and the officials or employees of
7 a State agency or a unit of local government may in good
8 faith rely upon the assurance of another State agency or unit
9 of local government that conviction and pending arrest
10 information is maintained or disseminated in compliance with
11 the provisions of this Act. However, such reliance shall not
12 constitute a defense with respect to equitable or declaratory
13 relief.
14 (D) For purposes of limiting the amount of damages that
15 may be assessed against the State of Illinois pursuant to
16 this Section, the Department may in good faith presume that
17 the conviction information reported to it by a clerk of the
18 circuit court or a criminal justice agency is accurate.
19 However, such presumption shall not constitute a defense with
20 respect to equitable or declaratory relief.
21 (Source: P.A. 85-922.)
22 (20 ILCS 2635/17) (from Ch. 38, par. 1617)
23 Sec. 17. Administrative Sanctions. The Department shall
24 refuse to comply with any request to furnish conviction
25 information maintained in its files, if the requester has not
26 acted in accordance with the requirements of this Act or
27 rules and regulations issued pursuant thereto. The requester
28 may appeal such a refusal by the Department to the Director.
29 Upon written application by the requester, the Director shall
30 hold a hearing to determine whether dissemination of the
31 requested information would be in violation of this Act or
32 rules and regulations issued pursuant to it or other federal
33 or State law pertaining to the collection, maintenance or
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1 dissemination of criminal history record information. When
2 the Director finds such a violation, the Department shall be
3 prohibited from disseminating conviction information to the
4 requester, under such terms and conditions and for such
5 periods of time as the Director deems appropriate.
6 (Source: P.A. 85-922.)
7 (20 ILCS 2635/18) (from Ch. 38, par. 1618)
8 Sec. 18. Criminal Penalties. Any person who
9 intentionally and knowingly (A) requests, obtains, or seeks
10 to obtain conviction and pending arrest information under
11 false pretenses, or (B) disseminates inaccurate or incomplete
12 conviction and pending arrest information in violation of
13 this Act, or (C) fails to disseminate or make public
14 conviction and pending arrest information as required under
15 this Act, or (D) fails to correct or update a conviction or
16 pending arrest record after it is determined by audit, by
17 individual review and challenge procedures, or by other
18 verifiable means to be inaccurate or incomplete for the
19 purpose of causing harm to the individual named in the
20 request or to whom the information pertains, or (E) violates
21 any other provision of this Act, shall for each offense be
22 guilty of a Class A misdemeanor.
23 (Source: P.A. 85-922.)
24 (20 ILCS 2635/20) (from Ch. 38, par. 1620)
25 Sec. 20. State Liability and Indemnification of Units of
26 Local Government. (A) The State of Illinois shall guarantee
27 the accuracy and completeness of conviction and pending
28 arrest information disseminated by the Department that is
29 based upon fingerprint identification. The State of Illinois
30 shall not be liable for the accuracy and completeness of any
31 information disseminated upon identifying information other
32 than fingerprints.
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1 (B) The State of Illinois shall indemnify a clerk of the
2 circuit court, a criminal justice agency, and their employees
3 and officials from, and against, all damage claims brought by
4 others due to dissemination by the Department of inaccurate
5 or incomplete conviction information based upon positive
6 fingerprint identification, provided that the conviction
7 information in question was initially reported to the
8 Department accurately and in the timely manner mandated by
9 Section 2.1 of "An Act in relation to criminal identification
10 and investigation", approved July 2, 1931, as amended.
11 (Source: P.A. 85-922.)
12 (20 ILCS 2635/23) (from Ch. 38, par. 1623)
13 Sec. 23. Construction. (A) The provisions of this Act
14 shall be construed to afford the maximum feasible protection
15 to the individual's right to privacy and enjoyment of his
16 good name and reputation and shall be construed to apply to
17 both manual and automated criminal history record information
18 systems wherever possible.
19 (B) The provisions of this Act shall be construed to
20 make government agencies accountable to individuals in the
21 collection, use, and dissemination of conviction and pending
22 arrest information based upon positive fingerprint
23 identification relating to them.
24 (C) Nothing in this Act shall be construed as
25 restricting or prohibiting the dissemination of criminal
26 history record information to a requesting criminal justice
27 agency or peace officer or the dissemination of local
28 criminal history record information maintained by criminal
29 justice agencies on behalf of units of local government to
30 members of the general public requesting such information.
31 (Source: P.A. 85-922.)
32 Section 25. The School Code is amended by changing
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1 Sections 10-21.9 and 34-18.5 as follows:
2 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
3 Sec. 10-21.9. Criminal background investigations.
4 (a) After August 1, 1985, certified and noncertified
5 applicants for employment with a school district, except
6 school bus driver applicants, are required as a condition of
7 employment to authorize an investigation to determine if such
8 applicants have been convicted of any of the enumerated
9 criminal or drug offenses in subsection (c) of this Section.
10 Authorization for the investigation shall be furnished by the
11 applicant to the school district, except that if the
12 applicant is a substitute teacher seeking employment in more
13 than one school district, a teacher seeking concurrent
14 part-time employment positions with more than one school
15 district (as a reading specialist, special education teacher
16 or otherwise), or an educational support personnel employee
17 seeking employment positions with more than one district, any
18 such district may require the applicant to furnish
19 authorization for the investigation to the regional
20 superintendent of the educational service region in which are
21 located the school districts in which the applicant is
22 seeking employment as a substitute or concurrent part-time
23 teacher or concurrent educational support personnel employee.
24 Upon receipt of this authorization, the school district or
25 the appropriate regional superintendent, as the case may be,
26 shall submit the applicant's name, sex, race, date of birth
27 and social security number to the Department of State Police
28 on forms prescribed by the Department. The regional
29 superintendent submitting the requisite information to the
30 Department of State Police shall promptly notify the school
31 districts in which the applicant is seeking employment as a
32 substitute or concurrent part-time teacher or concurrent
33 educational support personnel employee that the investigation
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1 of the applicant has been requested. The Department of State
2 Police shall conduct an investigation to ascertain if the
3 applicant being considered for employment has been convicted
4 of any of the enumerated criminal or drug offenses in
5 subsection (c). The Department shall charge the school
6 district or the appropriate regional superintendent a fee for
7 conducting such investigation, which fee shall be deposited
8 in the State Police Services Fund and shall not exceed the
9 cost of the inquiry; and the applicant shall not be charged a
10 fee for such investigation by the school district or by the
11 regional superintendent. The regional superintendent may
12 seek reimbursement from the State Board of Education or the
13 appropriate school district or districts for fees paid by the
14 regional superintendent to the Department for the criminal
15 background investigations required by this Section.
16 (b) The Department shall furnish, pursuant to positive
17 identification, records of convictions, until expunged, and
18 pending arrests (as defined in Section 2-23 of the Criminal
19 Code of 1961), to the president of the school board for the
20 school district which requested the investigation, or to the
21 regional superintendent who requested the investigation. Any
22 information concerning the record of convictions and pending
23 arrests obtained by the president of the school board or the
24 regional superintendent shall be confidential and may only be
25 transmitted to the superintendent of the school district or
26 his designee, the appropriate regional superintendent if the
27 investigation was requested by the school district, the
28 presidents of the appropriate school boards if the
29 investigation was requested from the Department of State
30 Police by the regional superintendent, the State
31 Superintendent of Education, the State Teacher Certification
32 Board or any other person necessary to the decision of hiring
33 the applicant for employment. A copy of the record of
34 convictions and pending arrests obtained from the Department
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1 of State Police shall be provided to the applicant for
2 employment. If an investigation of an applicant for
3 employment as a substitute or concurrent part-time teacher or
4 concurrent educational support personnel employee in more
5 than one school district was requested by the regional
6 superintendent, and the Department of State Police upon
7 investigation ascertains that the applicant has not been
8 convicted of any of the enumerated criminal or drug offenses
9 in subsection (c) and so notifies the regional
10 superintendent, then the regional superintendent shall issue
11 to the applicant a certificate evidencing that as of the date
12 specified by the Department of State Police the applicant has
13 not been convicted of any of the enumerated criminal or drug
14 offenses in subsection (c). The school board of any school
15 district located in the educational service region served by
16 the regional superintendent who issues such a certificate to
17 an applicant for employment as a substitute teacher in more
18 than one such district may rely on the certificate issued by
19 the regional superintendent to that applicant, or may
20 initiate its own investigation of the applicant through the
21 Department of State Police as provided in subsection (a). Any
22 person who releases any confidential information concerning
23 any criminal convictions or pending arrests of an applicant
24 for employment shall be guilty of a Class A misdemeanor,
25 unless the release of such information is authorized by this
26 Section.
27 (c) No school board shall knowingly employ a person who
28 has been convicted for committing attempted first degree
29 murder or for committing or attempting to commit first degree
30 murder or a Class X felony or any one or more of the
31 following offenses: (i) those defined in Sections 11-6, 11-9,
32 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
33 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
34 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
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1 in the "Cannabis Control Act" except those defined in
2 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
3 in the "Illinois Controlled Substances Act"; and (iv) any
4 offense committed or attempted in any other state or against
5 the laws of the United States, which if committed or
6 attempted in this State, would have been punishable as one or
7 more of the foregoing offenses.
8 (d) No school board shall knowingly employ a person for
9 whom a criminal background investigation has not been
10 initiated.
11 (e) Upon receipt of the record of a conviction of a
12 holder of any certificate issued pursuant to Article 21 or
13 Section 34-8.1 or 34-83 of The School Code, the appropriate
14 regional superintendent of schools or the State
15 Superintendent of Education shall initiate the certificate
16 suspension and revocation proceedings authorized by law.
17 (f) After January 1, 1990 the provisions of this Section
18 shall apply to all employees of persons or firms holding
19 contracts with any school district including, but not limited
20 to, food service workers, school bus drivers and other
21 transportation employees, who have direct, daily contact with
22 the pupils of any school in such district. For purposes of
23 criminal background investigations on employees of persons or
24 firms holding contracts with more than one school district
25 and assigned to more than one school district, the regional
26 superintendent of the educational service region in which the
27 contracting school districts are located may, at the request
28 of any such school district, be responsible for receiving the
29 authorization for investigation prepared by each such
30 employee and submitting the same to the Department of State
31 Police. Any information concerning the record of conviction
32 of any such employee obtained by the regional superintendent
33 shall be promptly reported to the president of the
34 appropriate school board or school boards.
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1 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
2 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
3 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
4 Sec. 34-18.5. Criminal background investigations.
5 (a) After August 1, 1985, certified and noncertified
6 applicants for employment with the school district are
7 required as a condition of employment to authorize an
8 investigation to determine if such applicants have been
9 convicted of any of the enumerated criminal or drug offenses
10 in subsection (c) of this Section. Authorization for the
11 investigation shall be furnished by the applicant to the
12 school district, except that if the applicant is a substitute
13 teacher seeking employment in more than one school district,
14 or a teacher seeking concurrent part-time employment
15 positions with more than one school district (as a reading
16 specialist, special education teacher or otherwise), or an
17 educational support personnel employee seeking employment
18 positions with more than one district, any such district may
19 require the applicant to furnish authorization for the
20 investigation to the regional superintendent of the
21 educational service region in which are located the school
22 districts in which the applicant is seeking employment as a
23 substitute or concurrent part-time teacher or concurrent
24 educational support personnel employee. Upon receipt of this
25 authorization, the school district or the appropriate
26 regional superintendent, as the case may be, shall submit the
27 applicant's name, sex, race, date of birth and social
28 security number to the Department of State Police on forms
29 prescribed by the Department. The regional superintendent
30 submitting the requisite information to the Department of
31 State Police shall promptly notify the school districts in
32 which the applicant is seeking employment as a substitute or
33 concurrent part-time teacher or concurrent educational
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1 support personnel employee that the investigation of the
2 applicant has been requested. The Department of State Police
3 shall conduct an investigation to ascertain if the applicant
4 being considered for employment has been convicted of any of
5 the enumerated criminal or drug offenses in subsection (c).
6 The Department shall charge the school district or the
7 appropriate regional superintendent a fee for conducting such
8 investigation, which fee shall be deposited in the State
9 Police Services Fund and shall not exceed the cost of the
10 inquiry; and the applicant shall not be charged a fee for
11 such investigation by the school district or by the regional
12 superintendent. The regional superintendent may seek
13 reimbursement from the State Board of Education or the
14 appropriate school district or districts for fees paid by the
15 regional superintendent to the Department for the criminal
16 background investigations required by this Section.
17 (b) The Department shall furnish, pursuant to positive
18 identification, records of convictions, until expunged, and
19 pending arrests to the president of the board of education
20 for the school district which requested the investigation, or
21 to the regional superintendent who requested the
22 investigation. Any information concerning the record of
23 convictions and pending arrests obtained by the president of
24 the board of education or the regional superintendent shall
25 be confidential and may only be transmitted to the general
26 superintendent of the school district or his designee, the
27 appropriate regional superintendent if the investigation was
28 requested by the board of education for the school district,
29 the presidents of the appropriate board of education or
30 school boards if the investigation was requested from the
31 Department of State Police by the regional superintendent,
32 the State Superintendent of Education, the State Teacher
33 Certification Board or any other person necessary to the
34 decision of hiring the applicant for employment. A copy of
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1 the record of convictions and pending arrests obtained from
2 the Department of State Police shall be provided to the
3 applicant for employment. If an investigation of an applicant
4 for employment as a substitute or concurrent part-time
5 teacher or concurrent educational support personnel employee
6 in more than one school district was requested by the
7 regional superintendent, and the Department of State Police
8 upon investigation ascertains that the applicant has not been
9 convicted of any of the enumerated criminal or drug offenses
10 in subsection (c) and so notifies the regional
11 superintendent, then the regional superintendent shall issue
12 to the applicant a certificate evidencing that as of the date
13 specified by the Department of State Police the applicant has
14 not been convicted of any of the enumerated criminal or drug
15 offenses in subsection (c). The school board of any school
16 district located in the educational service region served by
17 the regional superintendent who issues such a certificate to
18 an applicant for employment as a substitute or concurrent
19 part-time teacher or concurrent educational support personnel
20 employee in more than one such district may rely on the
21 certificate issued by the regional superintendent to that
22 applicant, or may initiate its own investigation of the
23 applicant through the Department of State Police as provided
24 in subsection (a). Any person who releases any confidential
25 information concerning any criminal convictions or pending
26 arrests of an applicant for employment shall be guilty of a
27 Class A misdemeanor, unless the release of such information
28 is authorized by this Section.
29 (c) The board of education shall not knowingly employ a
30 person who has been convicted for committing attempted first
31 degree murder or for committing or attempting to commit first
32 degree murder or a Class X felony or any one or more of the
33 following offenses: (i) those defined in Sections 11-6,
34 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
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1 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
2 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
3 those defined in the Cannabis Control Act, except those
4 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
5 those defined in the Illinois Controlled Substances Act; and
6 (iv) any offense committed or attempted in any other state or
7 against the laws of the United States, which if committed or
8 attempted in this State, would have been punishable as one or
9 more of the foregoing offenses.
10 (d) The board of education shall not knowingly employ a
11 person for whom a criminal background investigation has not
12 been initiated.
13 (e) Upon receipt of the record of a conviction of a
14 holder of any certificate issued pursuant to Article 21 or
15 Section 34-8.1 or 34-83 of The School Code, the board of
16 education or the State Superintendent of Education shall
17 initiate the certificate suspension and revocation
18 proceedings authorized by law.
19 (f) After March 19, 1990, the provisions of this Section
20 shall apply to all employees of persons or firms holding
21 contracts with any school district including, but not limited
22 to, food service workers, school bus drivers and other
23 transportation employees, who have direct, daily contact with
24 the pupils of any school in such district. For purposes of
25 criminal background investigations on employees of persons or
26 firms holding contracts with more than one school district
27 and assigned to more than one school district, the regional
28 superintendent of the educational service region in which the
29 contracting school districts are located may, at the request
30 of any such school district, be responsible for receiving the
31 authorization for investigation prepared by each such
32 employee and submitting the same to the Department of State
33 Police. Any information concerning the record of conviction
34 of any such employee obtained by the regional superintendent
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1 shall be promptly reported to the president of the
2 appropriate school board or school boards.
3 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
4 89-610, eff. 8-6-96.)
5 Section 30. The Sexual Assault Survivors Emergency
6 Treatment Act is amended by changing Section 5 as follows:
7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
8 Sec. 5. Minimum requirements for hospitals providing
9 emergency service to sexual assault survivors. (a) Every
10 hospital providing emergency hospital services to an alleged
11 sexual assault survivor under this Act shall, as minimum
12 requirements for such services, provide, with the consent of
13 the alleged sexual assault survivor, and as ordered by the
14 attending physician, the following:
15 (1) appropriate medical examinations and laboratory
16 tests required to ensure the health, safety, and welfare of
17 an alleged sexual assault survivor or which may be used as
18 evidence in a criminal proceeding against a person accused of
19 the sexual assault, or both; and records of the results of
20 such examinations and tests shall be maintained by the
21 hospital and made available to law enforcement officials upon
22 the request of the alleged sexual assault survivor;
23 (2) appropriate oral and written information concerning
24 the possibility of infection, sexually transmitted disease
25 and pregnancy resulting from sexual assault;
26 (3) appropriate oral and written information concerning
27 accepted medical procedures, medication, and possible
28 contraindications of such medication available for the
29 prevention or treatment of infection or disease resulting
30 from sexual assault;
31 (4) such medication as deemed appropriate by the
32 attending physician;
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1 (5) a blood test to determine the presence or absence of
2 sexually transmitted disease;
3 (6) written and oral instructions indicating the need
4 for a second blood test 6 weeks after the sexual assault to
5 determine the presence or absence of sexually transmitted
6 disease; and
7 (7) appropriate counseling as determined by the
8 hospital, by trained personnel designated by the hospital.
9 (b) Any minor who is an alleged survivor of sexual
10 assault who seeks emergency services under this Act shall be
11 provided such services without the consent of the parent,
12 guardian or custodian of the minor. Evidence and information
13 concerning the alleged sexual assault may be released at the
14 request of the minor if the minor is 13 years of age or older
15 or by the attending physician if the minor is under 13 years
16 of age Only the minor's parent or legal guardian can sign for
17 release of evidence and information concerning the alleged
18 sexual assault.
19 (Source: P.A. 85-577.)
20 Section 35. The Illinois Vehicle Code is amended by
21 changing Section 6-411 as follows:
22 (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
23 Sec. 6-411. Qualifications of Driver Training
24 Instructors. In order to qualify for a license as an
25 instructor for a driving school, an applicant must:
26 (a) Be of good moral character;
27 (b) Authorize an investigation to determine if the
28 applicant has ever been convicted of a crime and if so, the
29 disposition of those convictions; this authorization shall
30 indicate the scope of the inquiry and the agencies which may
31 be contacted. Upon this authorization the Secretary of State
32 may request and receive information and assistance from any
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1 federal, state or local governmental agency as part of the
2 authorized investigation. The Department of State Police
3 shall provide information concerning any criminal
4 convictions, and their disposition, and pending arrests
5 brought against the applicant upon request of the Secretary
6 of State when the request is made in the form and manner
7 required by the Department of State Police. The information
8 derived from this investigation including the source of this
9 information, and any conclusions or recommendations derived
10 from this information by the Secretary of State shall be
11 provided to the applicant, or his designee, upon request to
12 the Secretary of State, prior to any final action by the
13 Secretary of State on the application. No information
14 obtained from such investigation may be placed in any
15 automated information system. Any information concerning
16 criminal convictions, and their disposition, or pending
17 arrests information obtained by the Secretary of State shall
18 be confidential and may not be transmitted outside the Office
19 of the Secretary of State, except as required herein, and may
20 not be transmitted to anyone within the Office of the
21 Secretary of State except as needed for the purpose of
22 evaluating the applicant. The only physical identity
23 materials which the applicant can be required to provide the
24 Secretary of State are photographs or fingerprints; these
25 shall be returned to the applicant upon request to the
26 Secretary of State, after the investigation has been
27 completed and no copy of these materials may be kept by the
28 Secretary of State or any agency to which such identity
29 materials were transmitted. Only information and standards
30 which bear a reasonable and rational relation to the
31 performance of a driver training instructor shall be used by
32 the Secretary of State. Any employee of the Secretary of
33 State who gives or causes to be given away any confidential
34 information concerning any criminal charges, and their
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1 disposition, or pending arrests of an applicant shall be
2 guilty of a Class A misdemeanor unless release of such
3 information is authorized by this Section;
4 (c) Pass such examination as the Secretary of State
5 shall require on (1) traffic laws, (2) safe driving
6 practices, (3) operation of motor vehicles, and (4)
7 qualifications of teacher;
8 (d) Be physically able to operate safely a motor vehicle
9 and to train others in the operation of motor vehicles. An
10 instructors license application must be accompanied by a
11 medical examination report completed by a competent physician
12 licensed to practice in the State of Illinois;
13 (e) Hold a valid Illinois drivers license;
14 (f) Have graduated from an accredited high school after
15 at least 4 years of high school education or the equivalent;
16 and
17 (g) Pay to the Secretary of State an application and
18 license fee of $35.
19 If a driver training school class room instructor teaches
20 an approved driver education course, as defined in Section
21 1-103 of this Code, to students under 18 years of age, he or
22 she shall furnish to the Secretary of State a certificate
23 issued by the State Board of Education that the said
24 instructor is qualified and meets the minimum educational
25 standards for teaching driver education courses in the local
26 public or parochial school systems, except that no State
27 Board of Education certification shall be required of any
28 instructor who teaches exclusively in a commercial driving
29 school. On and after July 1, 1986, the existing rules and
30 regulations of the State Board of Education concerning
31 commercial driving schools shall continue to remain in effect
32 but shall be administered by the Secretary of State until
33 such time as the Secretary of State shall amend or repeal the
34 rules in accordance with The Illinois Administrative
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1 Procedure Act. Upon request, the Secretary of State shall
2 issue a certificate of completion to a student under 18 years
3 of age who has completed an approved driver education course
4 at a commercial driving school.
5 (Source: P.A. 87-829; 87-832.)
6 Section 37. The Juvenile Court Act of 1987 is amended by
7 adding Section 1-10.5 as follows:
8 (705 ILCS 405/1-10.5 new)
9 Sec. 1-10.5. Laboratory reports.
10 (a) In any proceeding under the provisions of Article IV
11 concerning addicted minors or for a violation of any State
12 law relating to controlled substances or cannabis, a
13 laboratory report from the Department of State Police,
14 Division of Forensic Services, that is signed and sworn to by
15 the person performing an analysis and that states (1) that
16 the substance that is the basis of the alleged violation has
17 been weighed and analyzed, (2) the person's findings as to
18 the contents, weight and identity of the substance, and (3)
19 that it contains any amount of a controlled substance or
20 cannabis is prima facie evidence of the contents, identity
21 and weight of the substance. This report of the evidence
22 submitted to the laboratory may be based on Random Sampling
23 Under Normal Theory and Hypergeometric Sampling, both
24 scientifically acceptable methods of determining net weight
25 and population content of the controlled substances and
26 cannabis. Attached to the report shall be a copy of a
27 notarized statement by the signer of the report giving the
28 name of the signer and stating (i) that he or she is an
29 employee of the Department of State Police, Division of
30 Forensic Services, (ii) the name and location of the
31 laboratory where the analysis was performed, (iii) that
32 performing the analysis is a part of his or her regular
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1 duties, and (iv) that the signer is qualified by education,
2 training and experience to perform the analysis. The signer
3 shall also allege that scientifically accepted tests were
4 performed with due caution and that the evidence was handled
5 in accordance with established and accepted procedures while
6 in the custody of the laboratory.
7 (b) The State's Attorney shall serve a copy of the
8 report on the attorney of record for the accused, or on the
9 accused if he or she has no attorney, before any proceeding
10 in which the report is to be used against the accused other
11 than at a preliminary hearing when the report may be used
12 without having been previously served upon the accused.
13 Section 40. The Criminal Code of 1961 is amended by
14 adding Section 2-23 as follows:
15 (720 ILCS 5/2-23 new)
16 Sec. 2-23. Pending arrest. "Pending arrest" is any
17 arrest, reported to the Illinois State Police, that is within
18 2 years after the date of arrest where no court disposition
19 has been reported.
20 Section 45. The Code of Criminal Procedure of 1963 is
21 amended by changing Section 115-15 as follows:
22 (725 ILCS 5/115-15)
23 Sec. 115-15. Laboratory reports.
24 (a) In any criminal prosecution for a violation of
25 either the Cannabis Control Act or the Illinois Controlled
26 Substances Act, a laboratory report from the Department of
27 State Police, Division of Forensic Services and
28 Identification, that is signed and sworn to by the person
29 performing an analysis and that states (1) that the substance
30 that is the basis of the alleged violation has been weighed
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1 and analyzed, and (2) the person's findings as to the
2 contents, weight and identity of the substance, and (3) that
3 it contains any amount of a controlled substance or cannabis
4 is prima facie evidence of the contents, identity and weight
5 of the substance. This report of the evidence submitted to
6 the laboratory may be based on Random Sampling Under Normal
7 Theory and Hypergeometric Sampling, both scientifically
8 acceptable methods of determining the net weight and
9 population content of controlled substances and cannabis.
10 Attached to the report shall be a copy of a notarized
11 statement by the signer of the report giving the name of the
12 signer and stating (i) that he or she is an employee of the
13 Department of State Police, Division of Forensic Services and
14 Identification, (ii) the name and location of the laboratory
15 where the analysis was performed, (iii) that performing the
16 analysis is a part of his or her regular duties, and (iv)
17 that the signer is qualified by education, training and
18 experience to perform the analysis. The signer shall also
19 allege that scientifically accepted tests were performed with
20 due caution and that the evidence was handled in accordance
21 with established and accepted procedures while in the custody
22 of the laboratory.
23 (b) The State's Attorney shall serve a copy of the
24 report on the attorney of record for the accused, or on the
25 accused if he or she has no attorney, before any proceeding
26 in which the report is to be used against the accused other
27 than at a preliminary hearing or grand jury hearing when the
28 report may be used without having been previously served upon
29 the accused.
30 (c) The report shall not be prima facie evidence of the
31 contents, identity, and weight of the substance if the
32 accused or his or her attorney demands the testimony of the
33 person signing the report by serving the demand upon the
34 State's Attorney within 7 days from the accused or his or her
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1 attorney's receipt of the report. This subsection (c) does
2 not apply to proceedings under the Juvenile Court Act of 1987
3 pursuant to Article IV concerning addicted minors or pursuant
4 to Article V concerning delinquent minors for a violation of
5 any State law related to controlled substances or cannabis.
6 (Source: P.A. 88-137.)
7 Section 99. Effective date. This Act takes effect on
8 July 1, 1997.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 15 ILCS 310/10b.1 from Ch. 124, par. 110b.1
5 20 ILCS 2605/55a from Ch. 127, par. 55a
6 20 ILCS 2630/3 from Ch. 38, par. 206-3
7 20 ILCS 2630/3.1 from Ch. 38, par. 206-3.1
8 20 ILCS 2635/2 from Ch. 38, par. 1602
9 20 ILCS 2635/3 from Ch. 38, par. 1603
10 20 ILCS 2635/4 from Ch. 38, par. 1604
11 20 ILCS 2635/5 from Ch. 38, par. 1605
12 20 ILCS 2635/6 from Ch. 38, par. 1606
13 20 ILCS 2635/7 from Ch. 38, par. 1607
14 20 ILCS 2635/8 from Ch. 38, par. 1608
15 20 ILCS 2635/9 from Ch. 38, par. 1609
16 20 ILCS 2635/10 from Ch. 38, par. 1610
17 20 ILCS 2635/12 from Ch. 38, par. 1612
18 20 ILCS 2635/13 from Ch. 38, par. 1613
19 20 ILCS 2635/14 from Ch. 38, par. 1614
20 20 ILCS 2635/15 from Ch. 38, par. 1615
21 20 ILCS 2635/17 from Ch. 38, par. 1617
22 20 ILCS 2635/18 from Ch. 38, par. 1618
23 20 ILCS 2635/20 from Ch. 38, par. 1620
24 20 ILCS 2635/23 from Ch. 38, par. 1623
25 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
26 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
27 410 ILCS 70/5 FROM Ch. 111 1/2, par. 87-5
28 625 ILCS 5/6-411 from Ch. 95 1/2, par. 6-411
29 720 ILCS 5/2-23 new
30 725 ILCS 5/115-15