SB0115sam001 98TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 5/9/2013

09800SB0115sam001 LRB098 04339 OMW 45702 a

AMENDMENT TO SENATE BILL 115

AMENDMENT NO. ______. Amend Senate Bill 115 by replacing everything after the enacting clause with the following:

"Section 5. The State Records Act is amended by changing Section 4a as follows:

(5 ILCS 160/4a)

Sec. 4a. Arrest 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 all photographs and digital images, made available under this Section remains the intellectual property of the law enforcement or correctional agency that compiled or created the information provided. Ownership of the information and the protections provided by this Section extends to any and all copies or reproductions of the information, including any reproduction or republication of photographs and digital images.

(g) Any information, including photographs and digital images, made available under this Section may be published, disseminated, or reproduced, provided that the publication, dissemination, or reproduction of the information is complete and accurate. The information published, disseminated, or reproduced is considered complete and accurate if the information:

(1) has not been modified or edited, except that photographs and digital images may be enlarged or reduced;

(2) correctly and completely reflects the information provided under subsection (a) of this Section; and

(3) fully reflects the most recent information available.

A violation of this subsection (g) constitutes a business offense with a fine of $1,000 per day that the person or entity is in violation of this subsection (g), with each day being a separate violation.

(h) No person or entity may charge a fee for ceasing information, including a publication, reproduction, or dissemination of a copyrighted photograph or digital image, made available under this Section. Upon receipt of documents showing that one of the following are true, the person or entity must cease publication, reproduction, or dissemination of the information, including photographs and digital images, within 48 hours:

(1) the charges against the arrested individual have been dismissed;

(2) the arrested individual was under the age of 18 at the time of arrest;

(3) the arrested individual was acquitted or found not guilty of the crimes charged;

(4) the arrested individual received a non-adjudicated disposition;

(5) the arrested individual has received a certificate of innocence or has been granted an executive clemency or pardon;

(6) the records of the arrested individual have been sealed or expunged;

(7) the arrested individual is now deceased; or

(8) the arrest was for a misdemeanor charge or non-violent felony, occurring more than 10 years ago.

Upon cessation of publication, reproduction, or dissemination of the information, the person or entity must, within 7 days, notify the person who requested cessation of compliance therewith. A violation of this subsection (h) constitutes a business offense with a fine of $1,000 per day that the person or entity is in violation of this subsection (h), with each day being a separate violation.

(i) Subsections (g) and (h) of this Section do not apply to: (1) federal, State, or local law enforcement or correctional agencies; or (2) any unit of federal, State, or local government.

(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; 92-335, eff. 8-10-01.)".