Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0225 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0225 Introduced 1/22/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: 5 ILCS 160/14a new50 ILCS 205/30 new Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity, commits a Class 4 felony. LRB104 03792 RTM 13816 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0225 Introduced 1/22/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: 5 ILCS 160/14a new50 ILCS 205/30 new 5 ILCS 160/14a new 50 ILCS 205/30 new Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity, commits a Class 4 felony. LRB104 03792 RTM 13816 b LRB104 03792 RTM 13816 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0225 Introduced 1/22/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
33 5 ILCS 160/14a new50 ILCS 205/30 new 5 ILCS 160/14a new 50 ILCS 205/30 new
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66 Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity, commits a Class 4 felony.
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1212 1 AN ACT concerning government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The State Records Act is amended by adding
1616 5 Section 14a as follows:
1717 6 (5 ILCS 160/14a new)
1818 7 Sec. 14a. Encryption and automatic deletion of records.
1919 8 (a) When an agency generates a record in an encrypted
2020 9 format, an encryption key must be available to decrypt the
2121 10 record for its entire retention period as established by the
2222 11 State Records Commission. Agencies must comply with the
2323 12 provisions of this Act when destroying or disposing of
2424 13 encrypted public records. A person who encrypts a public
2525 14 record without lawful authority and with the intent to defraud
2626 15 a party, public officer, or entity commits a Class 4 felony.
2727 16 (b) When an agency maintains a digital format record
2828 17 within a digital storage system that allows the user to set
2929 18 retention timers, these timers must be set to retain the
3030 19 record for its entire retention period as established by the
3131 20 State Records Commission, including the time necessary for the
3232 21 record disposal process. Agencies must comply with the
3333 22 provisions of this Act when destroying or disposing of public
3434 23 records maintained in a digital format record within a digital
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0225 Introduced 1/22/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
3939 5 ILCS 160/14a new50 ILCS 205/30 new 5 ILCS 160/14a new 50 ILCS 205/30 new
4040 5 ILCS 160/14a new
4141 50 ILCS 205/30 new
4242 Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity, commits a Class 4 felony.
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4444 LRB104 03792 RTM 13816 b
4545 A BILL FOR
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7171 1 storage system that allows the user to set retention timers. A
7272 2 person who sets a retention timer for a public record that is
7373 3 not set to the entire retention period as established by the
7474 4 State Records Commission and with the intent to defraud a
7575 5 party, public officer, or entity commits a Class 4 felony.
7676 6 Section 10. The Local Records Act is amended by adding
7777 7 Section 30 as follows:
7878 8 (50 ILCS 205/30 new)
7979 9 Sec. 30. Encryption and automatic deletion of records.
8080 10 (a) When an agency generates a record in an encrypted
8181 11 format, an encryption key must be available to decrypt the
8282 12 record for its entire retention period as established by the
8383 13 Local Records Commission. Agencies must comply with the
8484 14 provisions of this Act when destroying or disposing of
8585 15 encrypted public records. A person who encrypts a public
8686 16 record without lawful authority and with the intent to defraud
8787 17 a party, public officer, or entity commits a Class 4 felony.
8888 18 (b) When an agency maintains a digital format record
8989 19 within a digital storage system that allows the user to set
9090 20 retention timers, these timers must be set to retain the
9191 21 record for its entire retention period as established by the
9292 22 Local Records Commission, including the time necessary for the
9393 23 record disposal process. Agencies must comply with the
9494 24 provisions of this Act when destroying or disposing of public
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