Sen. Antonio Muņoz
Filed: 5/8/2012
 
 

 

 

 
09700HB5602sam001LRB097 17841 RLC 69227 a



1
AMENDMENT TO HOUSE BILL 5602 




2    AMENDMENT NO. ______. Amend House Bill 5602 by replacing 
3lines 12 through 26 on page 4, all of page 5, and lines 1 
4through 11 on page 6 with the following:

5        "(8) The appropriate school official only if the agency 
6    or officer believes that there is an imminent  threat of 
7    physical harm to students, school personnel, or others who 
8    are present in the school or on school grounds.
9              (A) Inspection and copying
shall be limited to law 
10        enforcement records transmitted to the appropriate

11        school official or officials whom the school has 
12        determined to have a legitimate educational or safety 
13        interest by a local law enforcement agency under a 
14        reciprocal reporting
system established and maintained 
15        between the school district and the local law

16        enforcement agency under Section 10-20.14 of the 
17        School Code concerning a minor
enrolled in a school 
18        within the school district who has been arrested or 
 
 
09700HB5602sam001- 2 -LRB097 17841 RLC 69227 a

1        taken
into custody for any of the following offenses:

2    
            (i) unlawful use of weapons under Section 24-1 
3            of the Criminal Code of
1961;

4    
            (ii) a violation of the Illinois Controlled 
5            Substances Act;

6        
        (iii) a violation of the Cannabis Control Act;


7                (iv) a forcible felony as defined in Section 
8            2-8 of the Criminal Code
of 1961; or
9                (v) a violation of the Methamphetamine Control 
10            and Community Protection Act;  .
11                (vi)  a violation of Section 1-2 of the 
12            Harassing and Obscene Communications Act; or
13                (vii) a violation of the Hazing Act.


14            The information derived from the law enforcement 
15        records shall be kept separate from and shall not 
16        become a part of the official school record of that 
17        child and shall not be a public record.  The information 
18        shall be used solely by the appropriate school official 
19        or officials whom the school has determined to have a 
20        legitimate educational or safety interest to aid in the 
21        proper rehabilitation of the child and to protect the 
22        safety of students and employees in the school.
23            (B)  Any information provided to appropriate school 
24        officials whom the school has determined to have a 
25        legitimate educational or safety interest by local law 
26        enforcement officials about a minor who is the subject 
 
 
09700HB5602sam001- 3 -LRB097 17841 RLC 69227 a

1        of a current police investigation that is directly 
2        related to school safety shall consist of oral 
3        information only, and not written law enforcement 
4        records, and shall be used solely by the appropriate 
5        school official or officials to protect the safety of 
6        students and employees in the school and aid in the 
7        proper rehabilitation of the child. The information 
8        derived orally from the local law enforcement 
9        officials shall be kept separate from and shall not 
10        become a part of the official school record of the 
11        child and shall not be a public record.  This limitation 
12        on the use of information about a minor who is the 
13        subject of a current police investigation shall in no 
14        way limit the use of this information by prosecutors in 
15        pursuing criminal charges arising out of the 
16        information disclosed during a police investigation of 
17        the minor."; and
 
18by replacing lines 6 through 26 on page 12 and lines 1 through 
1922 on page 13 with the following:

20        "(h) The appropriate school official only if the agency 
21    or officer believes that there is an imminent  threat of 
22    physical harm to students, school personnel, or others who 
23    are present in the school or on school grounds.
24              (A) Inspection and copying
shall be limited to law 
25        enforcement records transmitted to the appropriate

 
 
09700HB5602sam001- 4 -LRB097 17841 RLC 69227 a

1        school official or officials whom the school has 
2        determined to have a legitimate educational or safety 
3        interest by a local law enforcement agency under a 
4        reciprocal reporting
system established and maintained 
5        between the school district and the local law

6        enforcement agency under Section 10-20.14 of the 
7        School Code concerning a minor
enrolled in a school 
8        within the school district who has been arrested
or 
9        taken into custody for any of the following offenses:  
10                (i) unlawful use of weapons under Section 24-1 
11            of the Criminal Code of
1961;
12                (ii) a violation of the Illinois Controlled 
13            Substances Act;
14                (iii) a violation of the Cannabis Control Act;
15                (iv) a forcible felony as defined in Section 
16            2-8 of the Criminal Code
of 1961; 
17                (v) a violation of the Methamphetamine Control 
18            and Community Protection Act;
19                (vi)  a violation of Section 1-2 of the 
20            Harassing and Obscene Communications Act; or
21                (vii) a violation of the Hazing Act. 
22            The information derived from the law enforcement 
23        records shall be kept separate from and shall not 
24        become a part of the official school record of that 
25        child and shall not be a public record.  The information 
26        shall be used solely by the appropriate school official 
 
 
09700HB5602sam001- 5 -LRB097 17841 RLC 69227 a

1        or officials whom the school has determined to have a 
2        legitimate educational or safety interest to aid in the 
3        proper rehabilitation of the child and to protect the 
4        safety of students and employees in the school.
5            (B)  Any information provided to appropriate school 
6        officials whom the school has determined to have a 
7        legitimate educational or safety interest by local law 
8        enforcement officials about a minor who is the subject 
9        of a current police investigation that is directly 
10        related to school safety shall consist of oral 
11        information only, and not written law enforcement 
12        records, and shall be used solely by the appropriate 
13        school official or officials to protect the safety of 
14        students and employees in the school and aid in the 
15        proper rehabilitation of the child. The information 
16        derived orally from the local law enforcement 
17        officials shall be kept separate from and shall not 
18        become a part of the official school record of the 
19        child and shall not be a public record.  This limitation 
20        on the use of information about a minor who is the 
21        subject of a current police investigation shall in no 
22        way limit the use of this information by prosecutors in 
23        pursuing criminal charges arising out of the 
24        information disclosed during a police investigation of 
25        the minor. offense classified as a felony or a Class A 
26        or B misdemeanor.".