Public Act 101-0433

SB1699 Enrolled LRB101 08806 HEP 53894 b

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

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,

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.

(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

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.