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92_HB3153
LRB9207285RCcd
1 AN ACT in relation to conviction information.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Uniform Conviction Information
5 Act is amended by changing Section 3 as follows:
6 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
7 Sec. 3. Definitions. Whenever used in this Act, and for
8 the purposes of this Act, unless the context clearly
9 indicates otherwise:
10 (A) "Accurate" means factually correct, containing no
11 mistake or error of a material nature.
12 (B) The phrase "administer the criminal laws" includes
13 any of the following activities: intelligence gathering,
14 surveillance, criminal investigation, crime detection and
15 prevention (including research), apprehension, detention,
16 pretrial or post-trial release, prosecution, the correctional
17 supervision or rehabilitation of accused persons or criminal
18 offenders, criminal identification activities, or the
19 collection, maintenance or dissemination of criminal history
20 record information.
21 (C) "The Authority" means the Illinois Criminal Justice
22 Information Authority.
23 (D) "Automated" means the utilization of computers,
24 telecommunication lines, or other automatic data processing
25 equipment for data collection or storage, analysis,
26 processing, preservation, maintenance, dissemination, or
27 display and is distinguished from a system in which such
28 activities are performed manually.
29 (E) "Complete" means accurately reflecting all the
30 criminal history record information about an individual that
31 is required to be reported to the Department pursuant to
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1 Section 2.1 of the Criminal Identification Act.
2 (F) "Conviction information" means data reflecting a
3 judgment of guilt or nolo contendere. The term includes all
4 prior and subsequent criminal history events directly
5 relating to such judgments, such as, but not limited to: (1)
6 the notation of arrest; (2) the notation of charges filed;
7 (3) the sentence imposed; (4) the fine imposed; and (5) all
8 related probation, parole, and release information.
9 Information ceases to be "conviction information" when a
10 judgment of guilt is reversed or vacated.
11 For purposes of this Act, continuances to a date certain
12 in furtherance of an order of supervision granted under
13 Section 5-6-1 of the Unified Code of Corrections or an order
14 of probation granted under either Section 10 of the Cannabis
15 Control Act, Section 410 of the Illinois Controlled
16 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
17 Section 10-102 of the Illinois Alcoholism and Other Drug
18 Dependency Act, Section 40-10 of the Alcoholism and Other
19 Drug Abuse and Dependency Act, or Section 10 of the Steroid
20 Control Act shall not be deemed "conviction information".
21 (G) "Criminal history record information" means data
22 identifiable to an individual and consisting of descriptions
23 or notations of arrests, detentions, indictments,
24 informations, pretrial proceedings, trials, or other formal
25 events in the criminal justice system or descriptions or
26 notations of criminal charges (including criminal violations
27 of local municipal ordinances) and the nature of any
28 disposition arising from criminal charges therefrom,
29 including sentencing, court or correctional supervision,
30 rehabilitation and release. The term does not apply to
31 statistical records and reports in which individual are not
32 identified and from which their identities are not
33 ascertainable, or to information that is for criminal
34 investigative or intelligence purposes.
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1 (H) "Criminal justice agency" means (1) a government
2 agency or any subunit thereof which is authorized to
3 administer the criminal laws and which allocates a
4 substantial part of its annual budget for that purpose, or
5 (2) an agency supported by public funds which is authorized
6 as its principal function to administer the criminal laws and
7 which is officially designated by the Department as a
8 criminal justice agency for purposes of this Act.
9 (I) "The Department" means the Illinois Department of
10 State Police.
11 (J) "Director" means the Director of the Illinois
12 Department of State Police.
13 (K) "Disseminate" means to disclose or transmit
14 conviction information in any form, oral, written, or
15 otherwise.
16 (L) "Exigency" means pending danger or the threat of
17 pending danger to an individual or property.
18 (M) "Non-criminal justice agency" means a State agency,
19 Federal agency, or unit of local government that is not a
20 criminal justice agency. The term does not refer to private
21 individuals, corporations, or non-governmental agencies or
22 organizations.
23 (M-5) "Request" means the submission to the Department,
24 in the form and manner required, the necessary data elements
25 or fingerprints, or both, to allow the Department to initiate
26 a search of its criminal history record information files.
27 (N) "Requester" means any private individual,
28 corporation, organization, employer, employment agency, labor
29 organization, or non-criminal justice agency that has made a
30 request pursuant to this Act to obtain conviction information
31 maintained in the files of the Department of State Police
32 regarding a particular individual.
33 (O) "Statistical information" means data from which the
34 identity of an individual cannot be ascertained,
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1 reconstructed, or verified and to which the identity of an
2 individual cannot be linked by the recipient of the
3 information.
4 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)