Does Your Police Department Comply with Illinois Law Regarding Mug Shots and Arrest Records?

When an individual is arrested, Illinois law requires that information that identifies the individual arrested, including the name, age, address, and a photograph, when and if available. The information must be made available by law agencies to the news media for inspection and copying within 72 hours of the time of arrest (text of Illinois General Assembly Public Act 098-0555).

The provisions of the law do not supersede the confidentiality provisions for arrest records of the Juvenile Court Act of 1987. Inspection and copying of law enforcement records maintained by law enforcement agencies that relate to a minor who has been investigated, arrested, or taken into custody before his or her 18th birthday is restricted to …

the judge and court staff;

law enforcement officers, probation officers or prosecutors and staff;

the minor, the minor’s parents or legal guardian and their attorneys; Adult and Juvenile Prisoner Review Boards;

authorized military personnel;

persons engaged in bona fide research, with the permission of the judge of juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor’s identity and protects the confidentiality of the record;

individuals responsible for supervising or providing temporary or permanent care and custody of minors pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court;

the appropriate school official only if the agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds (see full text at COURTS(705 ILCS 405/) Juvenile Court Act of 1987).

Public Act 098-0555
 
SB0115 Enrolled LRB098 04339 JDS 34367 b
    AN ACT concerning government. 
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly: 
 
    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.
        (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
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 photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
92-335, eff. 8-10-01.) 
 
    Section 10. The Local Records Act is amended by changing
Section 3b as follows:
 
    (50 ILCS 205/3b)
    Sec. 3b. 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.
        (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
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 photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
92-335, eff. 8-10-01.) 
 
    Section 15. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2QQQ as follows:
 
    (815 ILCS 505/2QQQ new)
    Sec. 2QQQ. Criminal record information.
    (a) It is an unlawful practice for any person engaged in
publishing or otherwise disseminating criminal record
information through a print or electronic medium to solicit or
accept the payment of a fee or other consideration to remove,
correct, or modify said criminal record information.
    (b) For the purposes of this Section, "criminal record
information" includes any and all of the following:
        (1) descriptions or notations of any arrests, any
    formal criminal charges, and the disposition of those
    criminal charges, including, but not limited to, any
    information made available under Section 4a of the State
    Records Act or Section 3b of the Local Records Act;
        (2) photographs of the person taken pursuant to an
    arrest or other involvement in the criminal justice system;
    or
        (3) personal identifying information, including a
    person's name, address, date of birth, photograph, and
    social security number or other government-issued
    identification number.
Effective Date: 1/1/2014