20 ILCS 2635/1
Short Title
Short Title. This Act shall be known and may be cited as the "Illinois Uniform Conviction Information Act." (Source: P.A. 85-922.)
Illinois Compiled Statutes 20 ILCS 2635 — Illinois Uniform Conviction Information Act.
Illinois · statute · 20 ILCS 2635 · 24 active provisions
Provisions
20 ILCS 2635/2
Legislative Findings and Purposes
Legislative Findings and Purposes. (A) The legislature finds and hereby declares that conviction information maintained by the Illinois State Police shall be publicly available in the State of Illinois. (B) The purpose of this Act is: (1) to establish uniform policy for gaining access to and disseminating conviction in…
20 ILCS 2635/3
Definitions
Definitions. Whenever used in this Act, and for the purposes of this Act, unless the context clearly indicates otherwise: (A) "Accurate" means factually correct, containing no mistake or error of a material nature. (B) The phrase "administer the criminal laws" includes any of the following activities: intelligence gath…
20 ILCS 2635/4
Applicability
Applicability. (A) The provisions of this Act shall apply only to conviction information mandated by statute to be reported to or to be collected, maintained, or disseminated by the Illinois State Police. (B) The provisions of this Act shall not apply to statistical information. (C) In the event of conflict between the…
20 ILCS 2635/5
Public availability of conviction information
Public availability of conviction information. All conviction information mandated by statute to be collected and maintained by the Illinois State Police shall be open to public inspection in the State of Illinois. All persons, state agencies and units of local government shall have access to inspect, examine and repro…
20 ILCS 2635/6
Dissemination time frames and priorities
Dissemination time frames and priorities. (A) The Illinois State Police's duty and obligation to furnish criminal history record information to peace officers and criminal justice agencies shall take precedence over any requirement of this Act to furnish conviction information to non-criminal justice agencies or to the…
20 ILCS 2635/7
Restrictions on the use of conviction information
Restrictions on the use of conviction information. (A) The following provisions shall apply to requests submitted pursuant to this Act for employment or licensing purposes or submitted to comply with the provisions of subsection (B) of this Section: (1) A requester shall, in the form and manner prescribed by the Illino…
20 ILCS 2635/8
Form, manner and fees for requesting and obtaining conviction information
Form, manner and fees for requesting and obtaining conviction information. (A) The Illinois State Police shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this Act. The Illinois State Police shall prescribe the types of identifying information that must be submitted to…
20 ILCS 2635/9
Procedural requirements for disseminating conviction information
Procedural requirements for disseminating conviction information. (A) In accordance with the time parameters of Section 6 and the requirements of subsection (B) of this Section 9, the Illinois State Police shall either: (1) transmit conviction information to the requester, including an explanation of any code or abbrev…
20 ILCS 2635/10
Dissemination requests based upon fingerprint identification
Dissemination requests based upon fingerprint identification. When fingerprint identification accompanies a request for conviction information maintained by the Illinois State Police, an appropriate statement shall be issued by the Illinois State Police indicating that the information furnished by the Illinois State Po…
20 ILCS 2635/11
Dissemination requests not based upon fingerprint identification
Dissemination requests not based upon fingerprint identification. (A) When a requester is not legally mandated to submit positive fingerprint identification to the Illinois State Police or when a requester is precluded from submitting positive fingerprint identification to the Illinois State Police due to exigency, an…
20 ILCS 2635/12
Error notification and correction procedure
Error notification and correction procedure. It is the duty and responsibility of the Illinois State Police to maintain accurate and complete criminal history record information and to correct or update such information after determination by audit, individual review and challenge procedures, or by other verifiable mea…
20 ILCS 2635/13
Limitation on further dissemination
Limitation on further dissemination. Unless otherwise permitted by law or in the case of exigency, the subsequent dissemination of conviction information furnished by the Illinois State Police pursuant to this Act shall only be permitted by a requester for the 30 day period immediately following receipt of the informat…
20 ILCS 2635/14
Judicial remedies
Judicial remedies. (A) The Attorney General or a State's Attorney may bring suit in the circuit courts to prevent and restrain violations of this Act and to enforce the reporting provisions of Section 2.1 of the Criminal Identification Act. The Illinois State Police may request the Attorney General to bring any such ac…
20 ILCS 2635/15
Civil damages
Civil damages. (A) In any action brought pursuant to this Act, an individual aggrieved by any violation of this Act shall be entitled to recover actual and general compensatory damages for each violation, together with costs and attorney's fees reasonably incurred, consistent with Section 16 of this Act. In addition, a…
20 ILCS 2635/16
Attorney's Fees and Costs
Attorney's Fees and Costs. (A) Attorney's fees and other costs shall be awarded to any plaintiff who obtains declaratory, equitable, or injunctive relief. The amount awarded shall represent the reasonable value of the services rendered, taking into account all the surrounding circumstances, including but not limited to…
20 ILCS 2635/17
Administrative sanctions
Administrative sanctions. The Illinois State Police shall refuse to comply with any request to furnish conviction information maintained in its files, if the requester has not acted in accordance with the requirements of this Act or rules and regulations issued pursuant thereto. The requester may appeal such a refusal…
20 ILCS 2635/18
Criminal Penalties
Criminal Penalties. Any person who intentionally and knowingly (A) requests, obtains, or seeks to obtain conviction information under false pretenses, or (B) disseminates inaccurate or incomplete conviction information in violation of this Act, or (C) fails to disseminate or make public conviction information as requir…
20 ILCS 2635/19
Coordinating and implementing policy
Coordinating and implementing policy. The Illinois State Police shall adopt rules to prescribe the appropriate form, manner and fees for complying with the requirements of this Act. The Authority shall adopt rules to prescribe form, manner and maximum fees which the Authority is authorized to establish pursuant to subs…
20 ILCS 2635/20
State liability and indemnification of units of local government
State liability and indemnification of units of local government. (A) The State of Illinois shall guarantee the accuracy and completeness of conviction information disseminated by the Illinois State Police that is based upon fingerprint identification. The State of Illinois shall not be liable for the accuracy and comp…
20 ILCS 2635/21
Audits
Audits. The Illinois State Police shall regularly conduct representative audits of the criminal history record keeping and criminal history record reporting policies, practices, and procedures of the repositories for such information in Illinois to ensure compliance with the provisions of this Act and Section 2.1 of th…
20 ILCS 2635/22
Supplementary Remedies
Supplementary Remedies. The remedies provided in this Act are supplementary to, and in no way modify or supplant, any other applicable causes of action arising under the Constitution, statutes, or common law of the State of Illinois. (Source: P.A. 85-922.)
20 ILCS 2635/23
Construction
Construction. (A) The provisions of this Act shall be construed to afford the maximum feasible protection to the individual's right to privacy and enjoyment of his good name and reputation and shall be construed to apply to both manual and automated criminal history record information systems wherever possible. (B) The…
20 ILCS 2635/24
Statute of Limitations
Statute of Limitations. Any cause of action arising under this Act shall be barred unless brought within 3 years from the date of the violation of the Act or within 3 years from the date the plaintiff should reasonably have known of its violation, whichever is later. (Source: P.A. 85-922.)