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| Public Act 098-0555 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Records Act is amended by changing | ||||
Section 4a as follows:
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(5 ILCS 160/4a)
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Sec. 4a. Arrest reports.
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(a) When an individual is arrested, the following | ||||
information must
be made available to the news media for | ||||
inspection and copying:
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(1) Information that identifies the individual,
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including the name, age, address, and photograph, when and | ||||
if available.
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(2) Information detailing any charges relating to the | ||||
arrest.
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(3) The time and location of the arrest.
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(4) The name of the investigating or arresting law | ||||
enforcement agency.
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(5) If the individual is incarcerated, the amount of | ||||
any bail
or bond.
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(6) If the individual is incarcerated, the time and | ||||
date that the
individual was received, discharged, or | ||||
transferred from the arresting
agency's custody.
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(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:
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(1) interfere with pending or actually and reasonably | ||
contemplated law
enforcement proceedings conducted by any | ||
law enforcement or correctional
agency;
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(2) endanger the life or physical safety of law | ||
enforcement or
correctional personnel or any other person; | ||
or
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(3) compromise the security of any correctional | ||
facility.
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(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
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making news reels or other motion picture news for public | ||
showing.
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(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.
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(e) The provisions of this Section do not supersede the | ||
confidentiality
provisions for arrest records of the Juvenile | ||
Court Act of 1987.
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(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. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||
92-335, eff.
8-10-01.)
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Section 10. The Local Records Act is amended by changing | ||
Section 3b as follows:
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(50 ILCS 205/3b)
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Sec. 3b. Arrest reports.
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(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.
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(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
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(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.
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(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. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||
92-335, eff.
8-10-01.)
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Section 15. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by adding Section 2QQQ as follows: | ||
(815 ILCS 505/2QQQ new) | ||
Sec. 2QQQ. Criminal record information. | ||
(a) It is an unlawful practice for any person engaged in | ||
publishing or otherwise disseminating criminal record | ||
information through a print or electronic medium to solicit or | ||
accept the payment of a fee or other consideration to remove, | ||
correct, or modify said criminal record information. | ||
(b) For the purposes of this Section, "criminal record | ||
information" includes any and all of the following: | ||
(1) descriptions or notations of any arrests, any | ||
formal criminal charges, and the disposition of those | ||
criminal charges, including, but not limited to, any | ||
information made available under Section 4a of the State | ||
Records Act or Section 3b of the Local Records Act; | ||
(2) photographs of the person taken pursuant to an | ||
arrest or other involvement in the criminal justice system; | ||
or | ||
(3) personal identifying information, including a | ||
person's name, address, date of birth, photograph, and | ||
social security number or other government-issued | ||
identification number. | ||