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| Public Act 101-0433
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| SB1699 Enrolled | LRB101 08806 HEP 53894 b |
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AN ACT concerning 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 Freedom of Information Act is amended by |
changing Section 2.15 as follows:
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(5 ILCS 140/2.15) |
Sec. 2.15. Arrest reports and criminal history records. |
(a) Arrest reports. The following chronologically |
maintained arrest and criminal history information maintained |
by State or local criminal justice agencies shall be furnished |
as soon as practical, but in no event later than 72 hours after |
the arrest, notwithstanding the time limits otherwise provided |
for in Section 3 of this Act: (i) information that identifies |
the individual, including the name, age, address, and |
photograph, when and if available; (ii) information detailing |
any charges relating to the arrest; (iii) the time and location |
of the arrest; (iv) the name of the investigating or arresting |
law enforcement agency; (v) if the individual is incarcerated, |
the amount of any bail or bond; and (vi) if the individual is |
incarcerated, the time and date that the individual was |
received into, discharged from, or transferred from the |
arresting agency's custody. |
(b) Criminal history records. The following documents |
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maintained by a public body pertaining to
criminal history |
record information are public records subject to inspection and |
copying by the
public pursuant to this Act: (i) court records |
that are public; (ii) records that are otherwise
available |
under State or local law; and (iii) records in which the |
requesting party is the individual
identified, except as |
provided under Section 7(1)(d)(vi). |
(c) Information described in items (iii) through (vi) of |
subsection (a) may be withheld if it is
determined that |
disclosure would: (i) interfere with pending or actually and |
reasonably contemplated law enforcement proceedings conducted |
by any law enforcement agency; (ii) endanger the life or |
physical safety of law enforcement or correctional personnel or |
any other person; or (iii) compromise the security of any |
correctional facility. |
(d) The provisions of this Section do not supersede the |
confidentiality provisions for law enforcement or arrest |
records of the Juvenile Court Act of 1987.
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(e) Notwithstanding the requirements of subsection (a), a |
law enforcement agency may not publish booking photographs, |
commonly known as "mugshots", on its social networking media |
website in connection with civil offenses, petty offenses, |
business offenses, Class C misdemeanors, and Class B |
misdemeanors unless the booking photograph is posted to the |
social networking website social media to assist in the search |
for a missing person or to assist in the search for a fugitive, |
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person of interest, or individual wanted in relation to a crime |
other than a petty offense, business offense, Class C |
misdemeanor, or Class B misdemeanor. As used in this |
subsection, "social networking website" has the meaning |
provided in Section 10 of the Right to Privacy in the Workplace |
Act. |
(Source: P.A. 99-298, eff. 8-6-15; 100-927, eff. 1-1-19.)
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Section 10. 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 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 |
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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. |
(g) Notwithstanding the requirements of subsection (a), a |
law enforcement agency may not publish booking photographs, |
commonly known as "mugshots", on its social networking website |
in connection with civil offenses, petty offenses, business |
offenses, Class C misdemeanors, and Class B misdemeanors unless |
the booking photograph is posted to the social networking |
website to assist in the search for a missing person or to |
assist in the search for a fugitive, person of interest, or |
individual wanted in relation to a crime other than a petty |
offense, business offense, Class C misdemeanor, or Class B |
misdemeanor. As used in this subsection, "social networking |
website" has the meaning provided in Section 10 of the Right to |
Privacy in the Workplace Act. |
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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