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Public Act 099-0880
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| HB6324 Enrolled | LRB099 18354 SLF 42729 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Uniform Conviction Information Act |
is amended by changing Section 3 as follows:
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(20 ILCS 2635/3) (from Ch. 38, par. 1603)
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Sec. 3. Definitions. Whenever used in this Act, and for the |
purposes
of this Act, unless the context clearly indicates |
otherwise:
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(A) "Accurate" means factually correct, containing no |
mistake or error
of a material nature.
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(B) The phrase "administer the criminal laws" includes any |
of the
following activities: intelligence gathering, |
surveillance, criminal
investigation, crime detection and |
prevention (including research),
apprehension, detention, |
pretrial or post-trial release, prosecution, the
correctional |
supervision or rehabilitation of accused persons or criminal
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offenders, criminal identification activities, data analysis |
and research done by the sentencing commission, or the |
collection,
maintenance or dissemination of criminal history |
record information.
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(C) "The Authority" means the Illinois Criminal Justice |
Information
Authority.
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(D) "Automated" means the utilization of computers, |
telecommunication
lines, or other automatic data processing |
equipment for data collection or
storage, analysis, |
processing, preservation, maintenance, dissemination, or
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display and is distinguished from a system in which such |
activities are
performed manually.
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(E) "Complete" means accurately reflecting all the |
criminal history
record information about an individual that is |
required to be reported to
the Department pursuant to Section |
2.1 of the Criminal Identification Act.
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(F) "Conviction information" means data reflecting a |
judgment of guilt
or nolo contendere. The term includes all |
prior and subsequent criminal
history events directly relating |
to such judgments, such as, but not
limited to: (1) the |
notation of arrest; (2) the notation of charges filed;
(3) the |
sentence imposed; (4) the fine imposed; and (5) all related
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probation, parole, and release information. Information ceases |
to be
"conviction information" when a judgment of guilt is |
reversed or vacated.
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For purposes of this Act, continuances to a date certain in |
furtherance
of an order of supervision granted under Section |
5-6-1 of the Unified Code
of Corrections or an order of |
probation granted under either Section 10 of
the Cannabis |
Control Act, Section 410 of the Illinois Controlled
Substances |
Act, Section 70 of the Methamphetamine Control and Community |
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section |
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12-3.05 of the Criminal Code of 1961 or the Criminal Code of |
2012, Section
10-102 of the Illinois Alcoholism and Other Drug |
Dependency Act, Section
40-10 of the Alcoholism and Other Drug |
Abuse and Dependency Act, or Section
10 of the Steroid Control |
Act shall not be deemed "conviction information".
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(G) "Criminal history record information" means data |
identifiable to an
individual, including information collected |
under Section 4.5 of the Criminal Identification Act, and |
consisting of descriptions or notations of arrests,
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detentions, indictments, informations, pretrial proceedings, |
trials, or
other formal events in the criminal justice system |
or descriptions or
notations of criminal charges (including |
criminal violations of local
municipal ordinances) and the |
nature of any disposition arising therefrom,
including |
sentencing, court or correctional supervision, rehabilitation |
and
release. The term does not apply to statistical records and |
reports in
which individual are not identified and from which |
their identities are not
ascertainable, or to information that |
is for criminal investigative or
intelligence purposes.
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(H) "Criminal justice agency" means (1) a government agency |
or any
subunit thereof which is authorized to administer the |
criminal laws and
which allocates a substantial part of its |
annual budget for that purpose,
or (2) an agency supported by |
public funds which is authorized as its
principal function to |
administer the criminal laws and which is officially
designated |
by the Department as a criminal justice agency for purposes of
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this Act.
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(I) "The Department" means the Illinois Department of State |
Police.
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(J) "Director" means the Director of the Illinois |
Department of State
Police.
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(K) "Disseminate" means to disclose or transmit conviction |
information
in any form, oral, written, or otherwise.
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(L) "Exigency" means pending danger or the threat of |
pending danger to
an individual or property.
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(M) "Non-criminal justice agency" means a State agency, |
Federal agency,
or unit of local government that is not a |
criminal justice agency. The
term does not refer to private |
individuals, corporations, or
non-governmental agencies or |
organizations.
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(M-5) "Request" means the submission to the Department, in |
the form and
manner required, the necessary data elements or |
fingerprints, or both, to allow
the Department to initiate a |
search of its criminal history record information
files.
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(N) "Requester" means any private individual, corporation, |
organization,
employer, employment agency, labor organization, |
or non-criminal justice
agency that has made a request pursuant |
to this Act
to obtain
conviction information maintained in the |
files of the Department of State
Police regarding a particular |
individual.
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(O) "Statistical information" means data from which the |
identity of an
individual cannot be ascertained, |