Bill Text: IL SB1699 | 2019-2020 | 101st General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Freedom of Information Act. Prohibits, with exceptions, a law enforcement agency from publishing booking photographs on its social networking website (instead of its social media website). Provides that "social networking website" has the meaning provided in the Right to Privacy in the Workplace Act. Adds the same restrictions to the State Records Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-20 - Public Act . . . . . . . . . 101-0433 [SB1699 Detail]

Download: Illinois-2019-SB1699-Enrolled.html



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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 2.15 as follows:
6 (5 ILCS 140/2.15)
7 Sec. 2.15. Arrest reports and criminal history records.
8 (a) Arrest reports. The following chronologically
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing
16any charges relating to the arrest; (iii) the time and location
17of the arrest; (iv) the name of the investigating or arresting
18law enforcement agency; (v) if the individual is incarcerated,
19the amount of any bail or bond; and (vi) if the individual is
20incarcerated, the time and date that the individual was
21received into, discharged from, or transferred from the
22arresting agency's custody.
23 (b) Criminal history records. The following documents

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1maintained by a public body pertaining to criminal history
2record information are public records subject to inspection and
3copying by the public pursuant to this Act: (i) court records
4that are public; (ii) records that are otherwise available
5under State or local law; and (iii) records in which the
6requesting party is the individual identified, except as
7provided under Section 7(1)(d)(vi).
8 (c) Information described in items (iii) through (vi) of
9subsection (a) may be withheld if it is determined that
10disclosure would: (i) interfere with pending or actually and
11reasonably contemplated law enforcement proceedings conducted
12by any law enforcement agency; (ii) endanger the life or
13physical safety of law enforcement or correctional personnel or
14any other person; or (iii) compromise the security of any
15correctional facility.
16 (d) The provisions of this Section do not supersede the
17confidentiality provisions for law enforcement or arrest
18records of the Juvenile Court Act of 1987.
19 (e) Notwithstanding the requirements of subsection (a), a
20law enforcement agency may not publish booking photographs,
21commonly known as "mugshots", on its social networking media
22website in connection with civil offenses, petty offenses,
23business offenses, Class C misdemeanors, and Class B
24misdemeanors unless the booking photograph is posted to the
25social networking website social media to assist in the search
26for a missing person or to assist in the search for a fugitive,

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1person of interest, or individual wanted in relation to a crime
2other than a petty offense, business offense, Class C
3misdemeanor, or Class B misdemeanor. As used in this
4subsection, "social networking website" has the meaning
5provided in Section 10 of the Right to Privacy in the Workplace
6Act.
7(Source: P.A. 99-298, eff. 8-6-15; 100-927, eff. 1-1-19.)
8 Section 10. The State Records Act is amended by changing
9Section 4a as follows:
10 (5 ILCS 160/4a)
11 Sec. 4a. Arrest records and reports.
12 (a) When an individual is arrested, the following
13information must be made available to the news media for
14inspection and copying:
15 (1) Information that identifies the individual,
16 including the name, age, address, and photograph, when and
17 if available.
18 (2) Information detailing any charges relating to the
19 arrest.
20 (3) The time and location of the arrest.
21 (4) The name of the investigating or arresting law
22 enforcement agency.
23 (5) If the individual is incarcerated, the amount of
24 any bail or bond.

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1 (6) If the individual is incarcerated, the time and
2 date that the individual was received, discharged, or
3 transferred from the arresting agency's custody.
4 (b) The information required by this Section must be made
5available to the news media for inspection and copying as soon
6as practicable, but in no event shall the time period exceed 72
7hours from the arrest. The information described in paragraphs
8(3), (4), (5), and (6) of subsection (a), however, may be
9withheld if it is determined that disclosure would:
10 (1) interfere with pending or actually and reasonably
11 contemplated law enforcement proceedings conducted by any
12 law enforcement or correctional agency;
13 (2) endanger the life or physical safety of law
14 enforcement or correctional personnel or any other person;
15 or
16 (3) compromise the security of any correctional
17 facility.
18 (c) For the purposes of this Section, the term "news media"
19means personnel of a newspaper or other periodical issued at
20regular intervals whether in print or electronic format, a news
21service whether in print or electronic format, a radio station,
22a television station, a television network, a community antenna
23television service, or a person or corporation engaged in
24making news reels or other motion picture news for public
25showing.
26 (d) Each law enforcement or correctional agency may charge

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1fees for arrest records, but in no instance may the fee exceed
2the actual cost of copying and reproduction. The fees may not
3include the cost of the labor used to reproduce the arrest
4record.
5 (e) The provisions of this Section do not supersede the
6confidentiality provisions for arrest records of the Juvenile
7Court Act of 1987.
8 (f) All information, including photographs, made available
9under this Section is subject to the provisions of Section 2QQQ
10of the Consumer Fraud and Deceptive Business Practices Act.
11 (g) Notwithstanding the requirements of subsection (a), a
12law enforcement agency may not publish booking photographs,
13commonly known as "mugshots", on its social networking website
14in connection with civil offenses, petty offenses, business
15offenses, Class C misdemeanors, and Class B misdemeanors unless
16the booking photograph is posted to the social networking
17website to assist in the search for a missing person or to
18assist in the search for a fugitive, person of interest, or
19individual wanted in relation to a crime other than a petty
20offense, business offense, Class C misdemeanor, or Class B
21misdemeanor. As used in this subsection, "social networking
22website" has the meaning provided in Section 10 of the Right to
23Privacy in the Workplace Act.
24(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.
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