The Law Enforcement Agencies Data System (“LEADS”) has long served as a critical resource for Illinois law enforcement and the criminal justice system. It provides information on an individual’s criminal history, Firearm Owners Identification status and data as to the status and history of a person’s driver’s license, title and registration. It also provides information contained in national databases, such as those maintained by the Federal Bureau of Investigation.
The dissemination of information contained in LEADS has historically been limited to “criminal justice agencies.” The relevant portion of the LEADS administrative rules provides as follows “LEADS data shall not be disseminated to any individual or organization that is not legally authorized to have access to the information.” 20 ILL. Adm. Code § 1240.80(d) (2024). A “criminal justice agency” encompasses courts and any government agency that performs the administration of criminal justice under both federal regulations and LEADS rules. 28 C.F.R. § 20.3(g)(2) (2023); 20 Ill. Adm. Code § 1240.30(c)(1)(A) (2024). “Administration of criminal justice” encompasses “detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders.” 28 C.F.R. § 20.3(b) (2023); 20 Ill. Adm. Code § 1240.30(c)(1)(A) (2024). This definition had previously been understood to exclude a public defender or defense attorney representing an individual in a criminal proceeding.
However, the limitations on the dissemination of LEADS data appeared to conflict with the discovery requirements outlined in Supreme Court Rule 412, the Illinois Rules of Professional Conduct of 2010 and the due process requirements established by the landmark Supreme Court Case Brady v. Maryland, 373 U.S. 83 (1963). All the aforementioned require prosecutors to disclose to the defense any information that either tends to negate the guilt of the accused or mitigate the offense with which they are charged. Brady requires prosecutors to turn over any information that may be exculpatory, have impeachment value or affect the credibility of a government witness.
On December 12, 2024, the Illinois Attorney General issued an opinion regarding prosecutorial disclosure and dissemination of relevant Law Enforcement Data System (LEADS) data to defense attorneys representing a criminal defendant. The Attorney General ultimately concluded that both Illinois Supreme Court Rule 412 and the requirements established in Brady v. Maryland, 373 U.S. 83 (1963) and similar cases that followed, legally allow prosecutors to disclose LEADS information that is relevant and discoverable to a criminal defense attorney or public defender representing a criminal defendant. However, this authorization is limited in scope to information that tends to negate the guilt of the accused or reduce his or her punishment.
It is recommended by the Public Access Counselor that prosecutors obtain any LEADS information that would be discoverable, input the discoverable information into a new written document and then provide the written document to defense counsel. This prevents prosecutors from tendering the LEADS printout itself to defense counsel. Therefore, the PAC believes that the data contained within LEADS may be shared outside of law enforcement agencies and court systems under these limited circumstances. This is an interesting departure from the golden rule that public entities do not have to create documents that do not exist. A copy of the Attorney General’s opinion can be found here.
For more information about this article, please contact Megan Olson at molson@tresslerllp.com.