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| Public Act 099-0363 | ||||
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AN ACT concerning arrest records.
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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 State Records Act is amended by changing | ||||
Sections 4a and 17 as follows:
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(5 ILCS 160/4a)
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Sec. 4a. Arrest records and 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. 98-555, eff. 1-1-14.)
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(5 ILCS 160/17) (from Ch. 116, par. 43.20)
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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
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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.
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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.
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(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.)
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Section 10. The Local Records Act is amended by changing | ||
Sections 3b and 4 as follows:
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(50 ILCS 205/3b)
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Sec. 3b. Arrest records and 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 | ||
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. 98-555, eff. 1-1-14.)
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(50 ILCS 205/4) (from Ch. 116, par. 43.104)
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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.
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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
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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
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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.
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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.
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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.
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(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.)
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