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| Public Act 099-0880 | ||||
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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 | ||
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, | ||
reconstructed, or verified and to which
the identity of an | ||
individual cannot be linked by the recipient of the
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information.
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(P) "Sentencing commission" means the Sentencing Policy | ||
Advisory Council. | ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-528, eff. 1-1-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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