Bill Text: IL SB0115 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Open Meetings Act. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 16-9)

Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0555 [SB0115 Detail]

Download: Illinois-2013-SB0115-Amended.html

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Sen. John G. Mulroe

Filed: 5/9/2013

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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.

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(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

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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:

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(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;

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(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.)".