[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB1433ham002
LRB9002125PTsbam
1 AMENDMENT TO HOUSE BILL 1433
2 AMENDMENT NO. . Amend House Bill 1433 on page 13,
3 line 26, immediately before "conviction", by inserting
4 "pending arrest and"; and
5 on page 14, line 30, by replacing "conviction" with
6 "conviction"; and
7 on page 17, line 33, by replacing "3" with "2.1, 3,"; and
8 on page 17, by inserting immediately below line 33 the
9 following:
10 "(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
11 Sec. 2.1. For the purpose of maintaining complete and
12 accurate criminal records of the Department of State Police,
13 it is necessary for all policing bodies of this State, the
14 clerk of the circuit court, the Illinois Department of
15 Corrections, the sheriff of each county, and State's Attorney
16 of each county to submit certain criminal arrest, charge, and
17 disposition information to the Department for filing at the
18 earliest time possible. Unless otherwise noted herein, it
19 shall be the duty of all policing bodies of this State, the
20 clerk of the circuit court, the Illinois Department of
21 Corrections, the sheriff of each county, and the State's
-2- LRB9002125PTsbam
1 Attorney of each county to report such information as
2 provided in this Section, both in the form and manner
3 required by the Department and within 30 days of the criminal
4 history event. Specifically:
5 (a) Arrest Information. All agencies making arrests for
6 offenses which are required by statute to be collected,
7 maintained or disseminated by the Department of State Police
8 shall be responsible for furnishing daily to the Department
9 fingerprints, charges and descriptions of all persons who are
10 arrested for such offenses. All such agencies shall also
11 notify the Department of all decisions by the arresting
12 agency not to refer such arrests for prosecution. With
13 approval of the Department, an agency making such arrests may
14 enter into arrangements with other agencies for the purpose
15 of furnishing daily such fingerprints, charges and
16 descriptions to the Department upon its behalf.
17 (b) Charge Information. The State's Attorney of each
18 county shall notify the Department of only those all charges
19 not filed, including all those added subsequent to the filing
20 of a case, and whether charges were not filed in cases for
21 which the Department has received information required to be
22 reported pursuant to paragraph (a) of this Section. With
23 approval of the Department, the State's Attorney may enter
24 into arrangements with other agencies for the purpose of
25 furnishing the information required by this subsection (b) to
26 the Department upon the State's Attorney's behalf.
27 (c) Disposition Information. The clerk of the circuit
28 court of each county shall furnish the Department, in the
29 form and manner required by the Supreme Court, with all final
30 dispositions of cases for which the Department has received
31 information required to be reported pursuant to paragraphs
32 (a) or (d) of this Section. Such information shall include,
33 for each charge, all (1) judgments of not guilty, judgments
34 of guilty including the sentence pronounced by the court,
-3- LRB9002125PTsbam
1 discharges and dismissals in the court; (2) reviewing court
2 orders filed with the clerk of the circuit court which
3 reverse or remand a reported conviction or vacate or modify a
4 sentence; (3) continuances to a date certain in furtherance
5 of an order of supervision granted under Section 5-6-1 of the
6 Unified Code of Corrections or an order of probation granted
7 under Section 10 of the Cannabis Control Act, Section 410 of
8 the Illinois Controlled Substances Act, Section 12-4.3 of the
9 Criminal Code of 1961, Section 10-102 of the Illinois
10 Alcoholism and Other Drug Dependency Act, Section 40-10 of
11 the Alcoholism and Other Drug Abuse and Dependency Act, or
12 Section 10 of the Steroid Control Act; and (4) judgments
13 terminating or revoking a sentence to probation, supervision
14 or conditional discharge and any resentencing after such
15 revocation.
16 (d) Fingerprints After Sentencing.
17 (1) After the court pronounces sentence, or issues
18 an order of supervision or an order of probation granted
19 under Section 10 of the Cannabis Control Act, Section 410
20 of the Illinois Controlled Substances Act, Section 12-4.3
21 of the Criminal Code of 1961, Section 10-102 of the
22 Illinois Alcoholism and Other Drug Dependency Act,
23 Section 40-10 of the Alcoholism and Other Drug Abuse and
24 Dependency Act, or Section 10 of the Steroid Control Act,
25 for any offense which is required by statute to be
26 collected, maintained, or disseminated by the Department
27 of State Police, the State's Attorney of each county
28 shall ask the court to order a law enforcement agency to
29 fingerprint immediately all persons appearing before the
30 court who have not previously been fingerprinted for the
31 same case. The court shall so order the requested
32 fingerprinting, if it determines that any such person has
33 not previously been fingerprinted for the same case. The
34 law enforcement agency shall submit such fingerprints to
-4- LRB9002125PTsbam
1 the Department daily.
2 (2) After the court pronounces sentence for any
3 offense which is not required by statute to be collected,
4 maintained, or disseminated by the Department of State
5 Police, the prosecuting attorney may ask the court to
6 order a law enforcement agency to fingerprint immediately
7 all persons appearing before the court who have not
8 previously been fingerprinted for the same case. The
9 court may so order the requested fingerprinting, if it
10 determines that any so sentenced person has not
11 previously been fingerprinted for the same case. The law
12 enforcement agency may retain such fingerprints in its
13 files.
14 (e) Corrections Information. The Illinois Department of
15 Corrections and the sheriff of each county shall furnish the
16 Department with all information concerning the receipt,
17 escape, execution, death, release, pardon, parole,
18 commutation of sentence, granting of executive clemency or
19 discharge of an individual who has been sentenced to the
20 agency's custody for any offenses which are mandated by
21 statute to be collected, maintained or disseminated by the
22 Department of State Police. For an individual who has been
23 charged with any such offense and who escapes from custody or
24 dies while in custody, all information concerning the receipt
25 and escape or death, whichever is appropriate, shall also be
26 so furnished to the Department.
27 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)"; and
28 on page 19, lines 27 and 33, by replacing "conviction", each
29 time it appears, with "conviction"; and
30 on page 24, by replacing line 34 with the following:
31 "(P) "Pending arrest" is any arrest, reported to the
32 Illinois State Police, that is within 2 years after the date
33 of arrest where no court disposition has been reported."; and
-5- LRB9002125PTsbam
1 on page 25 by deleting lines 1 and 2; and
2 on page 25, line 30, by replacing "Illinois." with "Illinois,
3 except that pending arrest information may be disseminated
4 for employment and licensing purposes only."; and
5 on page 46, line 6, immediately after "minor", by inserting
6 "if the minor is 13 years of age or older or by the attending
7 physician if the minor is under 13 years of age"; and
8 on page 49, by replacing lines 2 through 4 with "arrest,
9 reported to the Illinois State Police, that is within 2 years
10 after the date of arrest where no court disposition has been
11 reported.".