Bill Text: IL SB1699 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Freedom of Information Act. Prohibits, with exceptions, a law enforcement agency from publishing booking photographs on its social networking website (instead of its social media website). Provides that "social networking website" has the meaning provided in the Right to Privacy in the Workplace Act. Adds the same restrictions to the State Records Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-20 - Public Act . . . . . . . . . 101-0433 [SB1699 Detail]

Download: Illinois-2019-SB1699-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1699 Introduced 2/15/2019, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
5 ILCS 140/2.15
5 ILCS 160/4a
Amends the Freedom of Information Act. Prohibits, with exceptions, a law enforcement agency from publishing booking photographs on its social networking website (instead of its social media website). Provides that "social networking website" has the meaning provided in the Right to Privacy in the Workplace Act. Adds the same restrictions to the State Records Act. Effective immediately.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 2.15 as follows:
(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.
(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.)
Section 10. The State Records Act is amended by changing
Section 4a as follows:
(5 ILCS 160/4a)
Sec. 4a. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(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.
(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:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(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.
(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.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.