Illinois General Assembly - Full Text of Public Act 099-0363
Illinois General Assembly

Previous General Assemblies

Public Act 099-0363


 

Public Act 0363 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0363
 
HB0169 EnrolledLRB099 00239 RLC 20244 b

    AN ACT concerning arrest records.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Records Act is amended by changing
Sections 4a and 17 as follows:
 
    (5 ILCS 160/4a)
    Sec. 4a. Arrest records and reports.
    (a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
        (1) Information that identifies the individual,
    including the name, age, address, and photograph, when and
    if available.
        (2) Information detailing any charges relating to the
    arrest.
        (3) The time and location of the arrest.
        (4) The name of the investigating or arresting law
    enforcement agency.
        (5) If the individual is incarcerated, the amount of
    any bail or bond.
        (6) If the individual is incarcerated, the time and
    date that the individual was received, discharged, or
    transferred from the arresting agency's custody.
    (b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
        (1) interfere with pending or actually and reasonably
    contemplated law enforcement proceedings conducted by any
    law enforcement or correctional agency;
        (2) endanger the life or physical safety of law
    enforcement or correctional personnel or any other person;
    or
        (3) compromise the security of any correctional
    facility.
    (c) For the purposes of this Section, the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
    (d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
    (e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
    (f) All information, including photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 98-555, eff. 1-1-14.)
 
    (5 ILCS 160/17)  (from Ch. 116, par. 43.20)
    Sec. 17. (a) Regardless of other authorization to the
contrary, except as otherwise provided in subsection (b) of
this Section, no record shall be disposed of by any agency of
the State, unless approval of the State Records Commission is
first obtained. The Commission shall issue regulations, not
inconsistent with this Act, which shall be binding on all
agencies. Such regulations shall establish procedures for
compiling and submitting to the Commission lists and schedules
of records proposed for disposal; procedures for the physical
destruction or other disposition of records proposed for
disposal; and standards for the reproduction of records by
digital, photographic, or microphotographic processes with the
view to the disposal of the original records. Such standards
shall relate to the electronic digital process and format,
quality of film used, preparation of the records for
reproduction, proper identification matter on the records so
that an individual document or series of documents can be
located on the film or electronic medium with reasonable
facility, and that the copies contain all significant record
detail, to the end that the photographic, microphotographic, or
digital copies will be adequate.
    Such regulations shall also provide that the State
archivist may retain any records which the Commission has
authorized to be destroyed, where they have a historical value,
and that the State archivist may deposit them in the State
Archives or State Historical Library or with a historical
society, museum or library.
    (b) Upon request from a chief of police, county sheriff, or
State's Attorney, if a person has been arrested for a criminal
offense and an investigation reveals that the person arrested
was not in fact the individual the arresting officer believed
him or her to be, the law enforcement agency whose officers
made the arrest shall delete or retract the arrest records of
that person whom the investigation revealed as not the
individual the arresting officer believed him or her to be. In
this subsection (b):
        "Arrest records" are as described in Section 4a of this
    Act.
        "Law enforcement agency" means an agency of this State
    which is vested by law or ordinance with the duty to
    maintain public order and to enforce criminal laws or
    ordinances.
(Source: P.A. 92-866, eff. 1-3-03.)
 
    Section 10. The Local Records Act is amended by changing
Sections 3b and 4 as follows:
 
    (50 ILCS 205/3b)
    Sec. 3b. Arrest records and reports.
    (a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
        (1) Information that identifies the individual,
    including the name, age, address, and photograph, when and
    if available.
        (2) Information detailing any charges relating to the
    arrest.
        (3) The time and location of the arrest.
        (4) The name of the investigating or arresting law
    enforcement agency.
        (5) If the individual is incarcerated, the amount of
    any bail or bond.
        (6) If the individual is incarcerated, the time and
    date that the individual was received, discharged, or
    transferred from the arresting agency's custody.
    (b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
        (1) interfere with pending or actually and reasonably
    contemplated law enforcement proceedings conducted by any
    law enforcement or correctional agency;
        (2) endanger the life or physical safety of law
    enforcement or correctional personnel or any other person;
    or
        (3) compromise the security of any correctional
    facility.
    (c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
    (d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
    (e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
    (f) All information, including photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 98-555, eff. 1-1-14.)
 
    (50 ILCS 205/4)  (from Ch. 116, par. 43.104)
    Sec. 4. (a) Except as otherwise provided in subsection (b)
of this Section, all All public records made or received by, or
under the authority of, or coming into the custody, control or
possession of any officer or agency shall not be mutilated,
destroyed, transferred, removed or otherwise damaged or
disposed of, in whole or in part, except as provided by law.
Any person who knowingly, without lawful authority and with the
intent to defraud any party, public officer, or entity, alters,
destroys, defaces, removes, or conceals any public record
commits a Class 4 felony.
    Court records filed with the clerks of the Circuit Court
shall be destroyed in accordance with the Supreme Court's
General Administrative Order on Recordkeeping in the Circuit
Courts. The clerks of the Circuit Courts shall notify the
Supreme Court, in writing, specifying case records or other
documents which they intend to destroy. The Supreme Court shall
review the schedule of items to be destroyed and notify the
appropriate Local Records Commission of the Court's intent to
destroy such records. The Local Records Commission, within 90
days after receipt of the Supreme Court's notice, may undertake
to photograph, microphotograph, or digitize electronically any
or all such records and documents, or, in the alternative, may
transport such original records to the State Archives or other
storage location under its supervision.
    The Archivist may accept for deposit in the State Archives
or regional depositories official papers, drawings, maps,
writings and records of every description of counties,
municipal corporations, political subdivisions and courts of
this State, when such materials are deemed by the Archivist to
have sufficient historical or other value to warrant their
continued preservation by the State of Illinois.
    The officer or clerk depositing such records may, upon
request, obtain from the Archivist, without charge, a certified
copy or reproduction of any specific record, paper or document
when such record, paper or document is required for public use.
    (b) Upon request from a chief of police, county sheriff, or
State's Attorney, if a person has been arrested for a criminal
offense and an investigation reveals that the person arrested
was not in fact the individual the arresting officer believed
him or her to be, the law enforcement agency whose officers
made the arrest shall delete or retract the arrest records of
that person whom the investigation revealed as not the
individual the arresting officer believed him or her to be. In
this subsection (b):
        "Arrest records" are as described in Section 3b of this
    Act.
        "Law enforcement agency" means an agency of a unit of
    local government which is vested by law or ordinance with
    the duty to maintain public order and to enforce criminal
    laws or ordinances.
(Source: P.A. 98-1063, eff. 1-1-15.)

Effective Date: 1/1/2016