Public Act 101-0433
 
SB1699 EnrolledLRB101 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.