State of Illinois
91st General Assembly
Legislation

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91_SB1150enr

 
SB1150 Enrolled                                LRB9106150DHmg

 1        AN ACT  to  amend  the  Criminal  Identification  Act  by
 2    changing Section 3.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal Identification Act is amended by
 6    changing Section 3 as follows:

 7        (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
 8        Sec. 3.  Information to be furnished peace  officers  and
 9    commanding  officers  of  certain  military  installations in
10    Illinois.
11        (A) The Department shall file or cause to  be  filed  all
12    plates,    photographs,   outline   pictures,   measurements,
13    descriptions and information which shall be received by it by
14    virtue of its office and shall make a complete and systematic
15    record and index of the same, providing thereby a  method  of
16    convenient  reference  and  comparison.  The Department shall
17    furnish, upon application, all information pertaining to  the
18    identification of any person or persons, a plate, photograph,
19    outline  picture,  description,  measurements, or any data of
20    which there is a record in its office. Such information shall
21    be furnished to peace officers of the United States, of other
22    states or territories, of  the  Insular  possessions  of  the
23    United  States,  of  foreign  countries  duly  authorized  to
24    receive  the  same,  to  all  peace  officers of the State of
25    Illinois, to investigators of the  Illinois  Law  Enforcement
26    Training Standards Board and, conviction information only, to
27    units  of  local  government,  school  districts  and private
28    organizations, under the provisions of  Section  55a  of  the
29    Civil  Administrative Code of Illinois. Applications shall be
30    in writing and accompanied by a certificate,  signed  by  the
31    peace officer or chief administrative officer or his designee
 
SB1150 Enrolled             -2-                LRB9106150DHmg
 1    making  such  application, to the effect that the information
 2    applied for is necessary in the interest of and will be  used
 3    solely  in the due administration of the criminal laws or for
 4    the purpose of evaluating the qualifications and character of
 5    employees  or  prospective  employees  of  units   of   local
 6    government and school districts and of employees, prospective
 7    employees,  volunteers, or prospective volunteers of units of
 8    local  government,  school  districts,   and   such   private
 9    organizations.
10        For    the    purposes   of   this   subsection,   "chief
11    administrative officer" is defined as follows:
12             a)  The city manager of a city or, if  a  city  does
13        not employ a city manager, the mayor of the city.
14             b)  The  manager  of a village or, if a village does
15        not employ a manager, the president of the village.
16             c)  The chairman or president of a county board  or,
17        if  a  county  has  adopted  the county executive form of
18        government, the chief executive officer of the county.
19             d)  The president of the school board  of  a  school
20        district.
21             e)  The supervisor of a township.
22             f)  The   official  granted  general  administrative
23        control  of  a  special  district,   an   authority,   or
24        organization of government establishment by law which may
25        issue  obligations  and  which either may levy a property
26        tax or may expend funds of the  district,  authority,  or
27        organization   independently   of   any  parent  unit  of
28        government.
29             g)  The   executive    officer    granted    general
30        administrative  control of a private organization defined
31        in  subsection  27  of   Section   55a   of   the   Civil
32        Administrative Code of Illinois.
33        (B)  Upon   written   application  and  payment  of  fees
34    authorized by this subsection, State agencies  and  units  of
 
SB1150 Enrolled             -3-                LRB9106150DHmg
 1    local   government,   not  including  school  districts,  are
 2    authorized to submit fingerprints of  employees,  prospective
 3    employees  and  license  applicants to the Department for the
 4    purpose of obtaining conviction information maintained by the
 5    Department and the Federal Bureau of Investigation about such
 6    persons.  The Department shall submit  such  fingerprints  to
 7    the  Federal  Bureau  of  Investigation  on  behalf  of  such
 8    agencies and units of local government.  The Department shall
 9    charge  an  application  fee,  based on actual costs, for the
10    dissemination of  conviction  information  pursuant  to  this
11    subsection.   The  Department  is empowered to establish this
12    fee and shall prescribe the form and  manner  for  requesting
13    and   furnishing  conviction  information  pursuant  to  this
14    subsection.
15        (C)  Upon payment of fees authorized by this  subsection,
16    the  Department  shall furnish to the commanding officer of a
17    military installation in  Illinois  having  an  arms  storage
18    facility,  upon written request of such commanding officer or
19    his designee, and in the form and manner  prescribed  by  the
20    Department,   all   criminal   history   record   information
21    pertaining to any individual seeking access to such a storage
22    facility,  where  such  information  is  sought pursuant to a
23    federally-mandated security or criminal history check.
24        The Department shall establish and charge a fee,  not  to
25    exceed  actual  costs,  for providing information pursuant to
26    this subsection.
27    (Source: P.A. 88-461; 88-586, eff. 8-12-94.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.





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