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Full Text of SB3545

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SB3545 - 104th General Assembly

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Senate Amendment 001

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SB3545 Enrolled
LRB104 19518 RTM 32966 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Identification Act is amended by
5
changing Section 2.1 as follows:

6

(20 ILCS 2630/2.1)

(from Ch. 38, par. 206-2.1)
7

(Text of Section before amendment by P.A. 104-459
)
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

SB3545 Enrolled
- 2 -
LRB104 19518 RTM 32966 b
1

for offenses which are required by statute to be
2

collected, maintained or disseminated by the Illinois
3

State Police shall be responsible for furnishing daily to
4

the Illinois State Police fingerprints, charges and
5

descriptions of all persons who are arrested for such
6

offenses. All such agencies shall also notify the Illinois
7

State Police of all decisions by the arresting agency not
8

to refer such arrests for prosecution. With approval of
9

the Illinois State Police, an agency making such arrests
10

may enter into arrangements with other agencies for the
11

purpose of furnishing daily such fingerprints, charges and
12

descriptions to the Illinois State Police upon its behalf.
13

(a-5) Pretrial Services Information. With the approval
14

of the Illinois State Police, pretrial services agencies,
15

as defined in Section 0.02 of the Pretrial Services Act,
16

may furnish fingerprints, charges, and descriptions to the
17

Illinois State Police in the same manner as agencies
18

making arrests under subsection (a).

19

(b) Charge Information. The State's Attorney of each
20

county shall notify the Illinois State Police of all
21

charges filed and all petitions filed alleging that a
22

minor is delinquent, including all those added subsequent
23

to the filing of a case, and whether charges were not filed
24

in cases for which the Illinois State Police has received
25

information required to be reported pursuant to paragraph
26

(a) of this Section. With approval of the Illinois State

SB3545 Enrolled
- 3 -
LRB104 19518 RTM 32966 b
1

Police, the State's Attorney may enter into arrangements
2

with other agencies for the purpose of furnishing the
3

information required by this subsection (b) to the
4

Illinois State Police upon the State's Attorney's behalf.
5

(c) Disposition Information. The clerk of the circuit
6

court of each county shall furnish the Illinois State
7

Police, in the form and manner required by the Supreme
8

Court, with all final dispositions of cases for which the
9

Illinois State Police has received information required to
10

be reported pursuant to paragraph (a) or (d) of this
11

Section. Such information shall include, for each charge,
12

all (1) judgments of not guilty, judgments of guilty
13

including the sentence pronounced by the court with
14

statutory citations to the relevant sentencing provision,
15

findings that a minor is delinquent and any sentence made
16

based on those findings, discharges and dismissals in the
17

court; (2) reviewing court orders filed with the clerk of
18

the circuit court which reverse or remand a reported
19

conviction or findings that a minor is delinquent or that
20

vacate or modify a sentence or sentence made following a
21

trial that a minor is delinquent; (3) continuances to a
22

date certain in furtherance of an order of supervision
23

granted under Section 5-6-1 of the Unified Code of
24

Corrections or an order of probation granted under Section
25

10 of the Cannabis Control Act, Section 410 of the
26

Illinois Controlled Substances Act, Section 70 of the

SB3545 Enrolled
- 4 -
LRB104 19518 RTM 32966 b
1

Methamphetamine Control and Community Protection Act,
2

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
3

the Criminal Code of 1961 or the Criminal Code of 2012,
4

Section 10-102 of the Illinois Alcoholism and Other Drug
5

Dependency Act, Section 40-10 of the Substance Use
6

Disorder Act, Section 10 of the Steroid Control Act, or
7

Section 5-615 of the Juvenile Court Act of 1987; (4)
8

judgments or court orders terminating or revoking a
9

sentence to or juvenile disposition of probation,
10

supervision or conditional discharge and any resentencing
11

or new court orders entered by a juvenile court relating
12

to the disposition of a minor's case involving delinquency
13

after such revocation; and (5) in any case in which a
14

firearm is alleged to have been used in the commission of
15

an offense, the serial number of any firearm involved in
16

the case, or if the serial number was obliterated, as
17

provided by the State's Attorney to the clerk of the
18

circuit court at the time of disposition.
19

(d) Fingerprints After Sentencing.
20

(1) After the court pronounces sentence, sentences
21

a minor following a trial in which a minor was found to
22

be delinquent or issues an order of supervision or an
23

order of probation granted under Section 10 of the
24

Cannabis Control Act, Section 410 of the Illinois
25

Controlled Substances Act, Section 70 of the
26

Methamphetamine Control and Community Protection Act,

SB3545 Enrolled
- 5 -
LRB104 19518 RTM 32966 b
1

Section 12-4.3 or subdivision (b)(1) of Section
2

12-3.05 of the Criminal Code of 1961 or the Criminal
3

Code of 2012, Section 10-102 of the Illinois
4

Alcoholism and Other Drug Dependency Act, Section
5

40-10 of the Substance Use Disorder Act, Section 10 of
6

the Steroid Control Act, or Section 5-615 of the
7

Juvenile Court Act of 1987 for any offense which is
8

required by statute to be collected, maintained, or
9

disseminated by the Illinois State Police, the State's
10

Attorney of each county shall ask the court to order a
11

law enforcement agency to fingerprint immediately all
12

persons appearing before the court who have not
13

previously been fingerprinted for the same case. The
14

court shall so order the requested fingerprinting, if
15

it determines that any such person has not previously
16

been fingerprinted for the same case. The law
17

enforcement agency shall submit such fingerprints to
18

the Illinois State Police daily.
19

(2) After the court pronounces sentence or makes a
20

disposition of a case following a finding of
21

delinquency for any offense which is not required by
22

statute to be collected, maintained, or disseminated
23

by the Illinois State Police, the prosecuting attorney
24

may ask the court to order a law enforcement agency to
25

fingerprint immediately all persons appearing before
26

the court who have not previously been fingerprinted

SB3545 Enrolled
- 6 -
LRB104 19518 RTM 32966 b
1

for the same case. The court may so order the requested
2

fingerprinting, if it determines that any so sentenced
3

person has not previously been fingerprinted for the
4

same case. The law enforcement agency may retain such
5

fingerprints in its files.
6

(e) Corrections Information. The Illinois Department
7

of Corrections and the sheriff of each county shall
8

furnish the Illinois State Police with all information
9

concerning the receipt, escape, execution, death, release,
10

pardon, parole, commutation of sentence, granting of
11

executive clemency or discharge of an individual who has
12

been sentenced or committed to the agency's custody for
13

any offenses which are mandated by statute to be
14

collected, maintained or disseminated by the Illinois
15

State Police. For an individual who has been charged with
16

any such offense and who escapes from custody or dies
17

while in custody, all information concerning the receipt
18

and escape or death, whichever is appropriate, shall also
19

be so furnished to the Illinois State Police.
20
(Source: P.A. 104-5, eff. 1-1-26
.)

21

(Text of Section after amendment by P.A. 104-459
)
22

Sec. 2.1.
For the purpose of maintaining complete and
23
accurate criminal records of the Illinois State Police, it is
24
necessary for all policing bodies of this State, the clerk of
25
the circuit court, the Illinois Department of Corrections, the

SB3545 Enrolled
- 7 -
LRB104 19518 RTM 32966 b
1
sheriff of each county, and State's Attorney of each county to
2
submit certain criminal arrest, charge, and disposition
3
information to the Illinois State Police for filing at the
4
earliest time possible. Unless otherwise noted herein, it
5
shall be the duty of all policing bodies of this State, the
6
clerk of the circuit court, the Illinois Department of
7
Corrections, the sheriff of each county, and the State's
8
Attorney of each county to report such information as provided
9
in this Section, both in the form and manner required by the
10
Illinois State Police and within 30 days of the criminal
11
history event. Specifically:
12

(a) Arrest Information. All agencies making arrests
13

for offenses which are required by statute to be
14

collected, maintained or disseminated by the Illinois
15

State Police shall be responsible for furnishing daily to
16

the Illinois State Police fingerprints, charges and
17

descriptions of all persons who are arrested for such
18

offenses. All such agencies shall also notify the Illinois
19

State Police of all decisions by the arresting agency not
20

to refer such arrests for prosecution. With approval of
21

the Illinois State Police, an agency making such arrests
22

may enter into arrangements with other agencies for the
23

purpose of furnishing daily such fingerprints, charges and
24

descriptions to the Illinois State Police upon its behalf.
25

(a-5) Pretrial Services Information. With the approval
26

of the Illinois State Police, pretrial services agencies,

SB3545 Enrolled
- 8 -
LRB104 19518 RTM 32966 b
1

as defined in Section 0.02 of the Pretrial Services Act,
2

may furnish fingerprints, charges, and descriptions to the
3

Illinois State Police in the same manner as agencies
4

making arrests under subsection (a).

5

(b) Charge Information. The State's Attorney of each
6

county shall notify the Illinois State Police of all
7

charges filed and all petitions filed alleging that a
8

minor is delinquent, including all those added subsequent
9

to the filing of a case, and whether charges were not filed
10

in cases for which the Illinois State Police has received
11

information required to be reported pursuant to paragraph
12

(a) of this Section. With approval of the Illinois State
13

Police, the State's Attorney may enter into arrangements
14

with other agencies for the purpose of furnishing the
15

information required by this subsection (b) to the
16

Illinois State Police upon the State's Attorney's behalf.
17

(c) Disposition Information. The clerk of the circuit
18

court of each county shall furnish the Illinois State
19

Police, in the form and manner required by the Supreme
20

Court, with all final dispositions of cases for which the
21

Illinois State Police has received information required to
22

be reported pursuant to paragraph (a) or (d) of this
23

Section. Such information shall include, for each charge,
24

all (1) judgments of not guilty, judgments of guilty
25

including the sentence pronounced by the court with
26

statutory citations to the relevant sentencing provision,

SB3545 Enrolled
- 9 -
LRB104 19518 RTM 32966 b
1

findings that a minor is delinquent and any sentence made
2

based on those findings, discharges and dismissals in the
3

court; (2) reviewing court orders filed with the clerk of
4

the circuit court which reverse or remand a reported
5

conviction or findings that a minor is delinquent or that
6

vacate or modify a sentence or sentence made following a
7

trial that a minor is delinquent; (3) continuances to a
8

date certain in furtherance of an order of supervision
9

granted under Section 5-6-1 of the Unified Code of
10

Corrections or an order of probation granted under Section
11

10 of the Cannabis Control Act, Section 410 of the
12

Illinois Controlled Substances Act, Section 70 of the
13

Methamphetamine Control and Community Protection Act,
14

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
15

the Criminal Code of 1961 or the Criminal Code of 2012,
16

Section 10-102 of the Illinois Alcoholism and Other Drug
17

Dependency Act, Section 40-10 of the Substance Use
18

Disorder Act, Section 10 of the Steroid Control Act, or
19

Section 5-615 of the Juvenile Court Act of 1987; (4)
20

judgments or court orders terminating or revoking a
21

sentence to or juvenile disposition of probation,
22

supervision or conditional discharge, judgment or court
23

orders of discharge from probation or conditional
24

discharge, and any resentencing or new court orders
25

entered by a juvenile court relating to the disposition of
26

a minor's case involving delinquency after such

SB3545 Enrolled
- 10 -
LRB104 19518 RTM 32966 b
1

revocation; and (5) in any case in which a firearm is
2

alleged to have been used in the commission of an offense,
3

the serial number of any firearm involved in the case, or
4

if the serial number was obliterated, as provided by the
5

State's Attorney to the clerk of the circuit court at the
6

time of disposition. The Illinois State Police may provide
7

reports of cases with missing disposition information to
8

the clerk of the circuit court. Each clerk of the circuit
9

court receiving a report of cases with missing disposition
10

information shall respond within 30 days after receiving
11

the report unless the volume of records in the report
12

renders that timeline impracticable.
13

(d) Fingerprints After Sentencing.
14

(1) After the court pronounces sentence, sentences
15

a minor following a trial in which a minor was found to
16

be delinquent or issues an order of supervision or an
17

order of probation granted under Section 10 of the
18

Cannabis Control Act, Section 410 of the Illinois
19

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
22

12-3.05 of the Criminal Code of 1961 or the Criminal
23

Code of 2012, Section 10-102 of the Illinois
24

Alcoholism and Other Drug Dependency Act, Section
25

40-10 of the Substance Use Disorder Act, Section 10 of
26

the Steroid Control Act, or Section 5-615 of the

SB3545 Enrolled
- 11 -
LRB104 19518 RTM 32966 b
1

Juvenile Court Act of 1987 for any offense which is
2

required by statute to be collected, maintained, or
3

disseminated by the Illinois State Police, the State's
4

Attorney of each county shall ask the court to order a
5

law enforcement agency to fingerprint immediately all
6

persons appearing before the court who have not
7

previously been fingerprinted for the same case. The
8

court shall so order the requested fingerprinting, if
9

it determines that any such person has not previously
10

been fingerprinted for the same case. The law
11

enforcement agency shall submit such fingerprints to
12

the Illinois State Police daily.
13

(2) After the court pronounces sentence or makes a
14

disposition of a case following a finding of
15

delinquency for any offense which is not required by
16

statute to be collected, maintained, or disseminated
17

by the Illinois State Police, the prosecuting attorney
18

may ask the court to order a law enforcement agency to
19

fingerprint immediately all persons appearing before
20

the court who have not previously been fingerprinted
21

for the same case. The court may so order the requested
22

fingerprinting, if it determines that any so sentenced
23

person has not previously been fingerprinted for the
24

same case. The law enforcement agency may retain such
25

fingerprints in its files.
26

(e) Corrections Information. The Illinois Department

SB3545 Enrolled
- 12 -
LRB104 19518 RTM 32966 b
1

of Corrections and the sheriff of each county shall
2

furnish the Illinois State Police with all information
3

concerning the receipt, escape, execution, death, release,
4

pardon, parole, commutation of sentence, granting of
5

executive clemency or discharge of an individual who has
6

been sentenced or committed to the agency's custody for
7

any offenses which are mandated by statute to be
8

collected, maintained or disseminated by the Illinois
9

State Police. For an individual who has been charged with
10

any such offense and who escapes from custody or dies
11

while in custody, all information concerning the receipt
12

and escape or death, whichever is appropriate, shall also
13

be so furnished to the Illinois State Police.
14

(f) Any entity required to report information
15

concerning criminal arrests, charges, and dispositions
16

pursuant to Section 2.1 or 5 of this Act shall respond to
17

any notice advising the entity of missing or incomplete
18

information or an error in the reporting of the
19

information as follows:
20

(1) Responses shall be made within 30 days after
21

the notice from the Illinois State Police unless the
22

volume of records in the report renders that timeline
23

impracticable.
24

(2) Responses shall include the missing or
25

incomplete information, correction of the error or an
26

explanation detailing the reason the information

SB3545 Enrolled
- 13 -
LRB104 19518 RTM 32966 b
1

cannot be provided or corrected, and an estimated
2

timeframe for compliance.
3
(Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)

4

Section 10.
The Pretrial Services Act is amended by adding
5
Section 7.5 as follows:

6

(725 ILCS 185/7.5 new)
7

Sec. 7.5.
Collaboration.
Pretrial services agencies may
8
collaborate with the policing bodies of this State, the clerks
9
of the circuit court, the sheriffs, and the State's Attorneys
10
to assist in maintaining complete and accurate criminal
11
records of the Illinois State Police under the Criminal
12
Identification Act.

13

Section 95.
No acceleration or delay.
Where this Act makes
14
changes in a statute that is represented in this Act by text
15
that is not yet or no longer in effect (for example, a Section
16
represented by multiple versions), the use of that text does
17
not accelerate or delay the taking effect of (i) the changes
18
made by this Act or (ii) provisions derived from any other
19
Public Act.

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