Illinois 99th Regular Session Status: Enacted

HB 169 — ARREST RECORDS-MISTAKEN ID

Last action — Public Act . . . . . . . . . 99-0363

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the State Records Act and the Local Records Act. Provides that within 180 days after an investigation by a law enforcement agency reveals that a person has been arrested as a result of mistaken identity and no charges have been filed against the person, the law enforcement agency whose officers made the arrest shall destroy the arrest records of that person made as a result of mistaken identity. Provides that the law enforcement agency shall establish an access and review process for verifying that the person's arrest records relating to arrests because of mistaken identity in which no charges have been filed have been destroyed. Provides that the law enforcement agency shall provide by rule the process for access, review, and automatic destruction of these records. Defines "arrest records" and "law enforcement agency".

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

The recent changes to Bill HB 169 involve replacing the term "Engrossed" with the term "Enrolled" throughout the document. This indicates that the bill has moved to a more finalized stage in the legislative process. This distinction is important because it typically signifies that the bill has been approved by both chambers of the legislature and is ready for the governor's consideration, affecting how quickly it may become law.

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Previous
Latest
HB0169 Engrossed LRB099 00239 RLC 20244 b AN ACT concerning arrest records.
HB0169 Enrolled LRB099 00239 RLC 20244 b AN ACT concerning arrest records.
HB0169 Engrossed - 2 - LRB099 00239 RLC 20244 b (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.
HB0169 Enrolled - 2 - LRB099 00239 RLC 20244 b (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 fees may not include the cost of the labor used to reproduce the arrest HB0169 Engrossed - 3 - LRB099 00239 RLC 20244 b record.
The fees may not include the cost of the labor used to reproduce the arrest HB0169 Enrolled - 3 - LRB099 00239 RLC 20244 b record.
Such standards shall relate to the electronic digital process and format, quality of film used, preparation of the records for reproduction, proper identification matter on the records so HB0169 Engrossed - 4 - LRB099 00239 RLC 20244 b that an individual document or series of documents can be located on the film or electronic medium with reasonable facility, and that the copies contain all significant record detail, to the end that the photographic, microphotographic, or digital copies will be adequate.
Such standards shall relate to the electronic digital process and format, quality of film used, preparation of the records for reproduction, proper identification matter on the records so HB0169 Enrolled - 4 - LRB099 00239 RLC 20244 b that an individual document or series of documents can be located on the film or electronic medium with reasonable facility, and that the copies contain all significant record detail, to the end that the photographic, microphotographic, or digital copies will be adequate.
HB0169 Engrossed - 5 - LRB099 00239 RLC 20244 b (Source:
HB0169 Enrolled - 5 - LRB099 00239 RLC 20244 b (Source:
(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 HB0169 Engrossed - 6 - LRB099 00239 RLC 20244 b hours from the arrest.
(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 HB0169 Enrolled - 6 - LRB099 00239 RLC 20244 b hours from the arrest.
(e) The provisions of this Section do not supersede the confidentiality provisions for arrest records of the Juvenile HB0169 Engrossed - 7 - LRB099 00239 RLC 20244 b Court Act of 1987.
(e) The provisions of this Section do not supersede the confidentiality provisions for arrest records of the Juvenile HB0169 Enrolled - 7 - LRB099 00239 RLC 20244 b Court Act of 1987.
The Local Records Commission, within 90 HB0169 Engrossed - 8 - LRB099 00239 RLC 20244 b days after receipt of the Supreme Court's notice, may undertake to photograph, microphotograph, or digitize electronically any or all such records and documents, or, in the alternative, may transport such original records to the State Archives or other storage location under its supervision.
The Local Records Commission, within 90 HB0169 Enrolled - 8 - LRB099 00239 RLC 20244 b days after receipt of the Supreme Court's notice, may undertake to photograph, microphotograph, or digitize electronically any or all such records and documents, or, in the alternative, may transport such original records to the State Archives or other storage location under its supervision.
"Arrest records" are as described in Section 3b of this HB0169 Engrossed - 9 - LRB099 00239 RLC 20244 b Act.
"Arrest records" are as described in Section 3b of this HB0169 Enrolled - 9 - LRB099 00239 RLC 20244 b Act.
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Action History

  1. Public Act . . . . . . . . . 99-0363

  2. Effective Date January 1, 2016

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 049-006-000

  7. Placed on Calendar Order of 3rd Reading May 20, 2015

  8. Second Reading

  9. Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt

  10. Placed on Calendar Order of 2nd Reading May 7, 2015

  11. Do Pass Criminal Law; 009-002-000

  12. Assigned to Criminal Law

  13. Added as Alternate Chief Co-Sponsor Sen. William Delgado

  14. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  15. Referred to Assignments

  16. First Reading

  17. Chief Senate Sponsor Sen. Iris Y. Martinez

  18. Placed on Calendar Order of First Reading April 15, 2015

  19. Arrive in Senate

  20. Added Co-Sponsor Rep. Esther Golar

  21. Added Co-Sponsor Rep. Arthur Turner

  22. Added Co-Sponsor Rep. Eddie Lee Jackson, Sr.

  23. Third Reading - Short Debate - Passed 093-020-000

  24. Added Co-Sponsor Rep. Camille Y. Lilly

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. House Floor Amendment No. 1 Adopted

  27. Second Reading - Short Debate

  28. Added Chief Co-Sponsor Rep. Rita Mayfield

  29. House Floor Amendment No. 1 Recommends Be Adopted Restorative Justice Committee; 010-000-000

  30. Added Chief Co-Sponsor Rep. La Shawn K. Ford

  31. Added Chief Co-Sponsor Rep. Mary E. Flowers

  32. House Floor Amendment No. 1 Rules Refers to Restorative Justice Committee

  33. House Floor Amendment No. 1 Referred to Rules Committee

  34. House Floor Amendment No. 1 Filed with Clerk by Rep. Kenneth Dunkin

  35. Held on Calendar Order of Second Reading - Short Debate

  36. Second Reading - Short Debate

  37. Removed Co-Sponsor Rep. La Shawn K. Ford

  38. Added Co-Sponsor Rep. La Shawn K. Ford

  39. Remove Chief Co-Sponsor Rep. La Shawn K. Ford

  40. Added Chief Co-Sponsor Rep. John D. Anthony

  41. Added Chief Co-Sponsor Rep. La Shawn K. Ford

  42. Added Co-Sponsor Rep. Marcus C. Evans, Jr.

  43. Placed on Calendar 2nd Reading - Short Debate

  44. Do Pass / Short Debate Restorative Justice Committee; 010-000-000

  45. Assigned to Restorative Justice Committee

  46. Referred to Rules Committee

  47. First Reading

  48. Filed with the Clerk by Rep. Kenneth Dunkin

Sponsors

  • Kenneth Dunkin · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Kenneth Dunkin

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 49 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34503
Republican 2101
Democrat 13000
Total 49604
% of votes cast 83%10%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Luechtefeld — Yea
Manar — Yea
Radogno — Yea
Bennett — Yea
Harris — Yea
Forby — Yea
Haine — Yea
Kotowski — Yea
LaHood — Nay
Landek — Yea
McGuire — Yea
McCann — Not Voting
Sullivan — Yea
McCarter — Yea
Cullerton, T. — Yea
Cullerton — Yea
McConnaughay — Yea
Mulroe — Yea
Brady — Nay
Muñoz — Not Voting
Nybo — Nay
Oberweis — Not Voting
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Duffy — Nay
Hutchinson — Yea
Noland — Yea
Raoul — Yea
Righter — Nay
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Not Voting
Sue Rezin Republican Nay

Official roll call →

Third Reading

Passed 93 Yea · 20 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 651603
Democrat 26002
Republican 2400
Total 932005
% of votes cast 79%17%0%4%
How each member voted (118)
Member Party Vote
Sandack — Yea
Sommer — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Nay
Beiser — Yea
Bellock — Yea
Mautino — Not Voting
Bourne — Nay
Breen — Yea
Brown — Nay
Butler — Nay
McAsey — Yea
Franks — Yea
Golar — Yea
Hays — Yea
Jackson — Yea
Phelps — Yea
Flowers — Yea
Fortner — Yea
Lang — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Phillips — Yea
Bennett — Yea
Harris, David — Yea
Harris, Greg — Yea
Bradley — Yea
Sente — Yea
Hernandez — Yea
Smiddy — Yea
Soto — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Jones — Yea
Stewart — Yea
Sullivan — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wallace — Yea
Davis, Monique — Yea
Wheeler, Keith — Yea
Wehrli — Yea
Williams — Yea
Willis — Yea
Mitchell, Christian — Yea
Winger — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Drury — Yea
Dunkin — Yea
Hurley — Yea
Yingling — Yea
Leitch — Nay
Madigan — Not Voting
Brady — Nay
Moffitt — Yea
Wheeler, Barbara — Nay
Mitchell, Bill — Nay
Unes — Nay
Zalewski — Yea
Cavaletto — Nay
Demmer — Nay
Durkin — Yea
Frese — Nay
Ives — Nay
Jesiel — Nay
Kay — Nay
Nekritz — Yea
Poe — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Nay
Riley — Not Voting
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Not Voting
Jaime M. Andrade, Jr. Democrat Not Voting
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Yea
Norine K. Hammond Republican Nay
Terri Bryant Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 169 do?
Amends the State Records Act and the Local Records Act. Provides that within 180 days after an investigation by a law enforcement agency reveals that a person has been arrested as a result of mistaken identity and no charges have been filed against the person, the law enforcement agency whose officers made the arrest shall destroy the arrest records of that person made as a result of mistaken identity. Provides that the law enforcement agency shall establish an access and review process for verifying that the person's arrest records relating to arrests because of mistaken identity in which no charges have been filed have been destroyed. Provides that the law enforcement agency shall provide by rule the process for access, review, and automatic destruction of these records. Defines "arrest records" and "law enforcement agency".
Who sponsors HB 169?
HB 169 is sponsored by Kenneth Dunkin.
What is the current status of HB 169?
This bill has been enacted into law. Introduced January 14, 2015. Enacted.
Where can I track HB 169?
Track HB 169 free on One Click Politics — get push/email alerts when it moves.

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