Bill Text: IL HB0288 | 2013-2014 | 98th General Assembly | Introduced

Bill Title: Amends the Illinois Uniform Conviction Information Act. Makes a technical change in a Section concerning definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0288 Detail]

Download: Illinois-2013-HB0288-Introduced.html

State of Illinois
2013 and 2014

Introduced , by Rep. Michael J. Madigan

20 ILCS 2635/3 from Ch. 38, par. 1603

Amends the Illinois Uniform Conviction Information Act. Makes a technical change in a Section concerning definitions.
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HB0288LRB098 03104 RLC 33119 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Uniform Conviction Information Act
5is amended by changing Section 3 as follows:
6 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
7 Sec. 3. Definitions. Whenever used in this Act, and and for
8the purposes of this Act, unless the context clearly indicates
10 (A) "Accurate" means factually correct, containing no
11mistake or error of a material nature.
12 (B) The phrase "administer the criminal laws" includes any
13of the following activities: intelligence gathering,
14surveillance, criminal investigation, crime detection and
15prevention (including research), apprehension, detention,
16pretrial or post-trial release, prosecution, the correctional
17supervision or rehabilitation of accused persons or criminal
18offenders, criminal identification activities, or the
19collection, maintenance or dissemination of criminal history
20record information.
21 (C) "The Authority" means the Illinois Criminal Justice
22Information Authority.
23 (D) "Automated" means the utilization of computers,

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1telecommunication lines, or other automatic data processing
2equipment for data collection or storage, analysis,
3processing, preservation, maintenance, dissemination, or
4display and is distinguished from a system in which such
5activities are performed manually.
6 (E) "Complete" means accurately reflecting all the
7criminal history record information about an individual that is
8required to be reported to the Department pursuant to Section
92.1 of the Criminal Identification Act.
10 (F) "Conviction information" means data reflecting a
11judgment of guilt or nolo contendere. The term includes all
12prior and subsequent criminal history events directly relating
13to such judgments, such as, but not limited to: (1) the
14notation of arrest; (2) the notation of charges filed; (3) the
15sentence imposed; (4) the fine imposed; and (5) all related
16probation, parole, and release information. Information ceases
17to be "conviction information" when a judgment of guilt is
18reversed or vacated.
19 For purposes of this Act, continuances to a date certain in
20furtherance of an order of supervision granted under Section
215-6-1 of the Unified Code of Corrections or an order of
22probation granted under either Section 10 of the Cannabis
23Control Act, Section 410 of the Illinois Controlled Substances
24Act, Section 70 of the Methamphetamine Control and Community
25Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
2612-3.05 of the Criminal Code of 1961, Section 10-102 of the

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1Illinois Alcoholism and Other Drug Dependency Act, Section
240-10 of the Alcoholism and Other Drug Abuse and Dependency
3Act, or Section 10 of the Steroid Control Act shall not be
4deemed "conviction information".
5 (G) "Criminal history record information" means data
6identifiable to an individual and consisting of descriptions or
7notations of arrests, detentions, indictments, informations,
8pretrial proceedings, trials, or other formal events in the
9criminal justice system or descriptions or notations of
10criminal charges (including criminal violations of local
11municipal ordinances) and the nature of any disposition arising
12therefrom, including sentencing, court or correctional
13supervision, rehabilitation and release. The term does not
14apply to statistical records and reports in which individual
15are not identified and from which their identities are not
16ascertainable, or to information that is for criminal
17investigative or intelligence purposes.
18 (H) "Criminal justice agency" means (1) a government agency
19or any subunit thereof which is authorized to administer the
20criminal laws and which allocates a substantial part of its
21annual budget for that purpose, or (2) an agency supported by
22public funds which is authorized as its principal function to
23administer the criminal laws and which is officially designated
24by the Department as a criminal justice agency for purposes of
25this Act.
26 (I) "The Department" means the Illinois Department of State

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2 (J) "Director" means the Director of the Illinois
3Department of State Police.
4 (K) "Disseminate" means to disclose or transmit conviction
5information in any form, oral, written, or otherwise.
6 (L) "Exigency" means pending danger or the threat of
7pending danger to an individual or property.
8 (M) "Non-criminal justice agency" means a State agency,
9Federal agency, or unit of local government that is not a
10criminal justice agency. The term does not refer to private
11individuals, corporations, or non-governmental agencies or
13 (M-5) "Request" means the submission to the Department, in
14the form and manner required, the necessary data elements or
15fingerprints, or both, to allow the Department to initiate a
16search of its criminal history record information files.
17 (N) "Requester" means any private individual, corporation,
18organization, employer, employment agency, labor organization,
19or non-criminal justice agency that has made a request pursuant
20to this Act to obtain conviction information maintained in the
21files of the Department of State Police regarding a particular
23 (O) "Statistical information" means data from which the
24identity of an individual cannot be ascertained,
25reconstructed, or verified and to which the identity of an
26individual cannot be linked by the recipient of the

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2(Source: P.A. 96-1551, eff. 7-1-11.)