Bill Text: IL HB4366 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Identification Act. Provides that the clerk of the circuit court of each county shall provide information for each charge judgments of guilty including the sentence pronounced by the court with statutory citations to the relevant sentencing provision beginning January 1, 2019. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4366 Detail]

Download: Illinois-2017-HB4366-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4366 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
20 ILCS 2630/2.1 from Ch. 38, par. 206-2.1
Amends the Criminal Identification Act. Provides that the clerk of the circuit court of each county shall provide information for each charge judgments of guilty including the sentence pronounced by the court with statutory citations to the relevant sentencing provision beginning January 1, 2019. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 2.1 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police, it
is necessary for all policing bodies of this State, the clerk
of the circuit court, the Illinois Department of Corrections,
the sheriff of each county, and State's Attorney of each county
to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time
possible. Unless otherwise noted herein, it shall be the duty
of all policing bodies of this State, the clerk of the circuit
court, the Illinois Department of Corrections, the sheriff of
each county, and the State's Attorney of each county to report
such information as provided in this Section, both in the form
and manner required by the Department and within 30 days of the
criminal history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be collected,
maintained or disseminated by the Department of State

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Police shall be responsible for furnishing daily to the
Department fingerprints, charges and descriptions of all
persons who are arrested for such offenses. All such
agencies shall also notify the Department of all decisions
by the arresting agency not to refer such arrests for
prosecution. With approval of the Department, an agency
making such arrests may enter into arrangements with other
agencies for the purpose of furnishing daily such
fingerprints, charges and descriptions to the Department
upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Department of all charges filed and
all petitions filed alleging that a minor is delinquent,
including all those added subsequent to the filing of a
case, and whether charges were not filed in cases for which
the Department has received information required to be
reported pursuant to paragraph (a) of this Section. With
approval of the Department, the State's Attorney may enter
into arrangements with other agencies for the purpose of
furnishing the information required by this subsection (b)
to the Department upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Department, in the
form and manner required by the Supreme Court, with all
final dispositions of cases for which the Department has
received information required to be reported pursuant to

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paragraph (a) or (d) of this Section. Such information
shall include, for each charge, all (1) judgments of not
guilty, judgments of guilty including the sentence
pronounced by the court with statutory citations to the
relevant sentencing provision beginning January 1, 2019,
findings that a minor is delinquent and any sentence made
based on those findings, discharges and dismissals in the
court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a
date certain in furtherance of an order of supervision
granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 10 of the Steroid
Control Act, or Section 5-615 of the Juvenile Court Act of
1987; and (4) judgments or court orders terminating or
revoking a sentence to or juvenile disposition of

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probation, supervision or conditional discharge and any
resentencing or new court orders entered by a juvenile
court relating to the disposition of a minor's case
involving delinquency after such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois Alcoholism
and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act,
Section 10 of the Steroid Control Act, or Section 5-615
of the Juvenile Court Act of 1987 for any offense which
is required by statute to be collected, maintained, or
disseminated by the Department of State Police, the
State's Attorney of each county shall ask the court to
order a law enforcement agency to fingerprint
immediately all persons appearing before the court who
have not previously been fingerprinted for the same
case. The court shall so order the requested

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fingerprinting, if it determines that any such person
has not previously been fingerprinted for the same
case. The law enforcement agency shall submit such
fingerprints to the Department daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Department of State Police, the prosecuting
attorney may ask the court to order a law enforcement
agency to fingerprint immediately all persons
appearing before the court who have not previously been
fingerprinted for the same case. The court may so order
the requested fingerprinting, if it determines that
any so sentenced person has not previously been
fingerprinted for the same case. The law enforcement
agency may retain such fingerprints in its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall furnish
the Department with all information concerning the
receipt, escape, execution, death, release, pardon,
parole, commutation of sentence, granting of executive
clemency or discharge of an individual who has been
sentenced or committed to the agency's custody for any
offenses which are mandated by statute to be collected,
maintained or disseminated by the Department of State

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Police. For an individual who has been charged with any
such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape
or death, whichever is appropriate, shall also be so
furnished to the Department.
(Source: P.A. 100-3, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.