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1 | | accessible databases. The Illinois State Police shall publish |
2 | | the results of its analysis in a report to the General |
3 | | Assembly, Governor, and Attorney General and shall make the |
4 | | report available on its website.
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5 | | Section 87. The Criminal Identification Act is amended by |
6 | | changing Section 2.1 as follows:
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7 | | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1) |
8 | | Sec. 2.1. For the purpose of maintaining complete and |
9 | | accurate criminal records of the Illinois State Police, it is |
10 | | necessary for all policing bodies of this State, the clerk of |
11 | | the circuit court, the Illinois Department of Corrections, the |
12 | | sheriff of each county, and State's Attorney of each county to |
13 | | submit certain criminal arrest, charge, and disposition |
14 | | information to the Illinois State Police for filing at the |
15 | | earliest time possible. Unless otherwise noted herein, it |
16 | | shall be the duty of all policing bodies of this State, the |
17 | | clerk of the circuit court, the Illinois Department of |
18 | | Corrections, the sheriff of each county, and the State's |
19 | | Attorney of each county to report such information as provided |
20 | | in this Section, both in the form and manner required by the |
21 | | Illinois State Police and within 30 days of the criminal |
22 | | history event. Specifically: |
23 | | (a) Arrest Information. All agencies making arrests |
24 | | for offenses which are required by statute to be |
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1 | | collected, maintained or disseminated by the Illinois |
2 | | State Police shall be responsible for furnishing daily to |
3 | | the Illinois State Police fingerprints, charges and |
4 | | descriptions of all persons who are arrested for such |
5 | | offenses. All such agencies shall also notify the Illinois |
6 | | State Police of all decisions by the arresting agency not |
7 | | to refer such arrests for prosecution. With approval of |
8 | | the Illinois State Police, an agency making such arrests |
9 | | may enter into arrangements with other agencies for the |
10 | | purpose of furnishing daily such fingerprints, charges and |
11 | | descriptions to the Illinois State Police upon its behalf. |
12 | | (b) Charge Information. The State's Attorney of each |
13 | | county shall notify the Illinois State Police of all |
14 | | charges filed and all petitions filed alleging that a |
15 | | minor is delinquent, including all those added subsequent |
16 | | to the filing of a case, and whether charges were not filed |
17 | | in cases for which the Illinois State Police has received |
18 | | information required to be reported pursuant to paragraph |
19 | | (a) of this Section. With approval of the Illinois State |
20 | | Police, the State's Attorney may enter into arrangements |
21 | | with other agencies for the purpose of furnishing the |
22 | | information required by this subsection (b) to the |
23 | | Illinois State Police upon the State's Attorney's behalf. |
24 | | (c) Disposition Information. The clerk of the circuit |
25 | | court of each county shall furnish the Illinois State |
26 | | Police, in the form and manner required by the Supreme |
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1 | | Court, with all final dispositions of cases for which the |
2 | | Illinois State Police has received information required to |
3 | | be reported pursuant to paragraph (a) or (d) of this |
4 | | Section. Such information shall include, for each charge, |
5 | | all (1) judgments of not guilty, judgments of guilty |
6 | | including the sentence pronounced by the court with |
7 | | statutory citations to the relevant sentencing provision, |
8 | | findings that a minor is delinquent and any sentence made |
9 | | based on those findings, discharges and dismissals in the |
10 | | court; (2) reviewing court orders filed with the clerk of |
11 | | the circuit court which reverse or remand a reported |
12 | | conviction or findings that a minor is delinquent or that |
13 | | vacate or modify a sentence or sentence made following a |
14 | | trial that a minor is delinquent; (3) continuances to a |
15 | | date certain in furtherance of an order of supervision |
16 | | granted under Section 5-6-1 of the Unified Code of |
17 | | Corrections or an order of probation granted under Section |
18 | | 10 of the Cannabis Control Act, Section 410 of the |
19 | | Illinois Controlled Substances Act, Section 70 of the |
20 | | Methamphetamine Control and Community Protection Act, |
21 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
22 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | Section 10-102 of the Illinois Alcoholism and Other Drug |
24 | | Dependency Act, Section 40-10 of the Substance Use |
25 | | Disorder Act, Section 10 of the Steroid Control Act, or |
26 | | Section 5-615 of the Juvenile Court Act of 1987; and (4) |
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1 | | judgments or court orders terminating or revoking a |
2 | | sentence to or juvenile disposition of probation, |
3 | | supervision or conditional discharge and any resentencing |
4 | | or new court orders entered by a juvenile court relating |
5 | | to the disposition of a minor's case involving delinquency |
6 | | after such revocation ; and (5) in any case in which a |
7 | | firearm is alleged to have been used in the commission of |
8 | | an offense, the serial number of any firearm involved in |
9 | | the case, or if the serial number was obliterated, as |
10 | | provided by the State's Attorney to the clerk of the |
11 | | circuit court at the time of disposition . |
12 | | (d) Fingerprints After Sentencing. |
13 | | (1) After the court pronounces sentence, sentences |
14 | | a minor following a trial in which a minor was found to |
15 | | be delinquent or issues an order of supervision or an |
16 | | order of probation granted under Section 10 of the |
17 | | Cannabis Control Act, Section 410 of the Illinois |
18 | | Controlled Substances Act, Section 70 of the |
19 | | Methamphetamine Control and Community Protection Act, |
20 | | Section 12-4.3 or subdivision (b)(1) of Section |
21 | | 12-3.05 of the Criminal Code of 1961 or the Criminal |
22 | | Code of 2012, Section 10-102 of the Illinois |
23 | | Alcoholism and Other Drug Dependency Act, Section |
24 | | 40-10 of the Substance Use Disorder Act, Section 10 of |
25 | | the Steroid Control Act, or Section 5-615 of the |
26 | | Juvenile Court Act of 1987 for any offense which is |
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1 | | required by statute to be collected, maintained, or |
2 | | disseminated by the Illinois State Police, the State's |
3 | | Attorney of each county shall ask the court to order a |
4 | | law enforcement agency to fingerprint immediately all |
5 | | persons appearing before the court who have not |
6 | | previously been fingerprinted for the same case. The |
7 | | court shall so order the requested fingerprinting, if |
8 | | it determines that any such person has not previously |
9 | | been fingerprinted for the same case. The law |
10 | | enforcement agency shall submit such fingerprints to |
11 | | the Illinois State Police daily. |
12 | | (2) After the court pronounces sentence or makes a |
13 | | disposition of a case following a finding of |
14 | | delinquency for any offense which is not required by |
15 | | statute to be collected, maintained, or disseminated |
16 | | by the Illinois State Police, the prosecuting attorney |
17 | | may ask the court to order a law enforcement agency to |
18 | | fingerprint immediately all persons appearing before |
19 | | the court who have not previously been fingerprinted |
20 | | for the same case. The court may so order the requested |
21 | | fingerprinting, if it determines that any so sentenced |
22 | | person has not previously been fingerprinted for the |
23 | | same case. The law enforcement agency may retain such |
24 | | fingerprints in its files. |
25 | | (e) Corrections Information. The Illinois Department |
26 | | of Corrections and the sheriff of each county shall |
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1 | | furnish the Illinois State Police with all information |
2 | | concerning the receipt, escape, execution, death, release, |
3 | | pardon, parole, commutation of sentence, granting of |
4 | | executive clemency or discharge of an individual who has |
5 | | been sentenced or committed to the agency's custody for |
6 | | any offenses which are mandated by statute to be |
7 | | collected, maintained or disseminated by the Illinois |
8 | | State Police. For an individual who has been charged with |
9 | | any such offense and who escapes from custody or dies |
10 | | while in custody, all information concerning the receipt |
11 | | and escape or death, whichever is appropriate, shall also |
12 | | be so furnished to the Illinois State Police. |
13 | | (Source: P.A. 102-538, eff. 8-20-21.)"; and
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14 | | by deleting line 24 on page 34 through line 5 on page 49. |