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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Park District Code is amended by changing | ||||||||||||||||||||||||||||
5 | Section 8-23 as follows:
| ||||||||||||||||||||||||||||
6 | (70 ILCS 1205/8-23)
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7 | Sec. 8-23. Criminal background investigations.
| ||||||||||||||||||||||||||||
8 | (a) An applicant for employment with a park district is | ||||||||||||||||||||||||||||
9 | required as
a condition of employment to authorize an | ||||||||||||||||||||||||||||
10 | investigation to determine if
the applicant has been convicted | ||||||||||||||||||||||||||||
11 | of any of the enumerated criminal or drug
offenses in | ||||||||||||||||||||||||||||
12 | subsection (c) of this Section or has been
convicted, within 7 | ||||||||||||||||||||||||||||
13 | years of the application for employment with the
park district, | ||||||||||||||||||||||||||||
14 | of any other felony under the laws of this State or of any
| ||||||||||||||||||||||||||||
15 | offense committed or attempted in any other state or against | ||||||||||||||||||||||||||||
16 | the laws of
the United States that, if committed or attempted | ||||||||||||||||||||||||||||
17 | in this State, would
have been punishable as a felony under the | ||||||||||||||||||||||||||||
18 | laws of this State. If the applicant is a minor, then the park | ||||||||||||||||||||||||||||
19 | district must determine if the minor has been adjudicated as | ||||||||||||||||||||||||||||
20 | committing any of the offenses listed in subsection (d) of this | ||||||||||||||||||||||||||||
21 | Section. Authorization
for the
investigation shall be | ||||||||||||||||||||||||||||
22 | furnished by the applicant to the park district.
Upon receipt | ||||||||||||||||||||||||||||
23 | of this authorization, the park district shall submit the
|
| |||||||
| |||||||
1 | applicant's name, sex, race, date of birth, and social security | ||||||
2 | number to
the Department of State Police on forms prescribed by | ||||||
3 | the Department of
State Police. The Department of State Police | ||||||
4 | shall conduct a search of the
Illinois criminal history records | ||||||
5 | database to ascertain if the applicant being considered for
| ||||||
6 | employment has been convicted of committing or attempting to | ||||||
7 | commit any of
the enumerated criminal or drug
offenses
in | ||||||
8 | subsection (c) of this Section or
has been convicted of | ||||||
9 | committing or attempting to commit, within 7 years of
the | ||||||
10 | application for employment with
the
park district, any other | ||||||
11 | felony under the laws of this State. If the applicant is a | ||||||
12 | minor, then the Department of State Police shall conduct a | ||||||
13 | search of the Illinois criminal history records database to | ||||||
14 | ascertain if the applicant being considered for employment has | ||||||
15 | been adjudicated as committing any of the offenses listed in | ||||||
16 | subsection (d) of this Section within 7 years of the | ||||||
17 | application for employment with the park district. The
| ||||||
18 | Department
of
State Police shall charge the park district a fee | ||||||
19 | for conducting the
investigation, which fee shall be deposited | ||||||
20 | in the State Police Services
Fund and shall not exceed the cost | ||||||
21 | of the inquiry. The applicant shall
not be charged a fee by the | ||||||
22 | park district for the investigation.
| ||||||
23 | (b) If the search of the Illinois criminal history record | ||||||
24 | database
indicates that (i) the applicant has been convicted of | ||||||
25 | committing or attempting to
commit any of the enumerated | ||||||
26 | criminal or drug offenses in subsection (c) or has
been |
| |||||||
| |||||||
1 | convicted of committing or attempting to commit, within 7 years | ||||||
2 | of the
application for employment with the park district, any | ||||||
3 | other felony under the
laws of this State or (ii) the applicant | ||||||
4 | is a minor and has been adjudicated as committing any of the | ||||||
5 | offenses listed in subsection (d) , then the Department of State | ||||||
6 | Police and the Federal Bureau
of
Investigation shall furnish, | ||||||
7 | pursuant to
a fingerprint based background check, records
of | ||||||
8 | convictions, until expunged, to the
president of the park | ||||||
9 | district. Any information concerning the record of
convictions | ||||||
10 | obtained by the president shall be confidential and may only
be | ||||||
11 | transmitted to those persons who are necessary to the decision | ||||||
12 | on whether to
hire the
applicant for employment. A copy of the | ||||||
13 | record of convictions or adjudications obtained
from the | ||||||
14 | Department of State Police shall be provided to the applicant | ||||||
15 | for
employment. Any person who releases any confidential | ||||||
16 | information
concerning any criminal convictions of an | ||||||
17 | applicant for employment shall
be guilty of a Class A | ||||||
18 | misdemeanor, unless the release of such
information is | ||||||
19 | authorized by this Section.
| ||||||
20 | (c) No park district shall knowingly employ a person who | ||||||
21 | has been
convicted for committing attempted first degree murder | ||||||
22 | or
for committing
or attempting to commit first degree murder, | ||||||
23 | a Class X felony, or any
one or more of the following offenses: | ||||||
24 | (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, | ||||||
25 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, | ||||||
26 | 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the |
| |||||||
| |||||||
1 | Criminal Code of 1961; (ii) those defined in the Cannabis | ||||||
2 | Control Act,
except those defined in Sections 4(a), 4(b), and | ||||||
3 | 5(a) of that Act; (iii) those
defined in the Illinois | ||||||
4 | Controlled Substances Act; (iv) those defined in the | ||||||
5 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
6 | any offense
committed or attempted in any other state or | ||||||
7 | against the laws of the
United States, which, if committed or | ||||||
8 | attempted in this State, would have
been punishable as one or | ||||||
9 | more of the foregoing offenses. Further, no
park district shall | ||||||
10 | knowingly employ a person who has been found to be
the | ||||||
11 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
12 | years
of age pursuant to proceedings under Article II of the | ||||||
13 | Juvenile Court Act
of 1987. No park district shall knowingly | ||||||
14 | employ a person for whom a
criminal background investigation | ||||||
15 | has not been initiated.
| ||||||
16 | (d) No park district shall knowingly employ a minor who has | ||||||
17 | been adjudicated as committing any of the following offenses: | ||||||
18 | (i) unlawful use of weapons under Section 24-1 of the Criminal | ||||||
19 | Code of 1961; (ii) a violation of the Illinois Controlled | ||||||
20 | Substances Act; (iii) a violation of the Cannabis Control Act,
| ||||||
21 | except those defined in Sections 4(a), 4(b), and 5(a) of that | ||||||
22 | Act; (iv) a forcible felony as defined in Section 2-8 of the | ||||||
23 | Criminal Code of 1961; (v) a violation of the Methamphetamine | ||||||
24 | Control and Community Protection Act; or (vi) a felony or a | ||||||
25 | Class A or B misdemeanor. No park district shall knowingly | ||||||
26 | employ a minor for whom a criminal background investigation has |
| |||||||
| |||||||
1 | not been initiated. | ||||||
2 | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
3 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
4 | changing Sections 1-7 and 5-905 as follows:
| ||||||
5 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
6 | Sec. 1-7. Confidentiality of law enforcement records.
| ||||||
7 | (A) Inspection and copying of law enforcement records | ||||||
8 | maintained by law
enforcement agencies that relate to a minor | ||||||
9 | who has been arrested or taken
into custody before his or her | ||||||
10 | 17th birthday shall be restricted to the
following:
| ||||||
11 | (1) Any local, State or federal law enforcement | ||||||
12 | officers of any
jurisdiction or agency when necessary for | ||||||
13 | the discharge of their official
duties during the | ||||||
14 | investigation or prosecution of a crime or relating to a
| ||||||
15 | minor who has been adjudicated delinquent and there has | ||||||
16 | been a previous finding
that the act which constitutes the | ||||||
17 | previous offense was committed in
furtherance of criminal | ||||||
18 | activities by a criminal street gang, or, when necessary | ||||||
19 | for the discharge of its official duties in connection with | ||||||
20 | a particular investigation of the conduct of a law | ||||||
21 | enforcement officer, an independent agency or its staff | ||||||
22 | created by ordinance and charged by a unit of local | ||||||
23 | government with the duty of investigating the conduct of | ||||||
24 | law enforcement officers. For purposes of
this Section, |
| |||||||
| |||||||
1 | "criminal street gang" has the meaning ascribed to it in
| ||||||
2 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
3 | Prevention Act.
| ||||||
4 | (2) Prosecutors, probation officers, social workers, | ||||||
5 | or other
individuals assigned by the court to conduct a | ||||||
6 | pre-adjudication or
pre-disposition investigation, and | ||||||
7 | individuals responsible for supervising
or providing | ||||||
8 | temporary or permanent care and custody for minors pursuant | ||||||
9 | to
the order of the juvenile court, when essential to | ||||||
10 | performing their
responsibilities.
| ||||||
11 | (3) Prosecutors and probation officers:
| ||||||
12 | (a) in the course of a trial when institution of | ||||||
13 | criminal proceedings
has been permitted or required | ||||||
14 | under Section 5-805; or
| ||||||
15 | (b) when institution of criminal proceedings has | ||||||
16 | been permitted or required under Section 5-805 and such | ||||||
17 | minor is the
subject
of a proceeding to determine the | ||||||
18 | amount of bail; or
| ||||||
19 | (c) when criminal proceedings have been permitted
| ||||||
20 | or
required under Section 5-805 and such minor is the | ||||||
21 | subject of a
pre-trial
investigation, pre-sentence | ||||||
22 | investigation, fitness hearing, or proceedings
on an | ||||||
23 | application for probation.
| ||||||
24 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
25 | (5) Authorized military personnel.
| ||||||
26 | (6) Persons engaged in bona fide research, with the |
| |||||||
| |||||||
1 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
2 | the chief executive of the respective
law enforcement | ||||||
3 | agency; provided that publication of such research results
| ||||||
4 | in no disclosure of a minor's identity and protects the | ||||||
5 | confidentiality
of the minor's record.
| ||||||
6 | (7) Department of Children and Family Services child | ||||||
7 | protection
investigators acting in their official | ||||||
8 | capacity.
| ||||||
9 | (8) The appropriate school official. Inspection and | ||||||
10 | copying
shall be limited to law enforcement records | ||||||
11 | transmitted to the appropriate
school official by a local | ||||||
12 | law enforcement agency under a reciprocal reporting
system | ||||||
13 | established and maintained between the school district and | ||||||
14 | the local law
enforcement agency under Section 10-20.14 of | ||||||
15 | the School Code concerning a minor
enrolled in a school | ||||||
16 | within the school district who has been arrested or taken
| ||||||
17 | into custody for any of the following offenses:
| ||||||
18 | (i) unlawful use of weapons under Section 24-1 of | ||||||
19 | the Criminal Code of
1961;
| ||||||
20 | (ii) a violation of the Illinois Controlled | ||||||
21 | Substances Act;
| ||||||
22 | (iii) a violation of the Cannabis Control Act;
| ||||||
23 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
24 | the Criminal Code
of 1961; or | ||||||
25 | (v) a violation of the Methamphetamine Control and | ||||||
26 | Community Protection Act.
|
| |||||||
| |||||||
1 | (9) Mental health professionals on behalf of the | ||||||
2 | Illinois Department of
Corrections or the Department of | ||||||
3 | Human Services or prosecutors who are
evaluating, | ||||||
4 | prosecuting, or investigating a potential or actual | ||||||
5 | petition
brought
under the Sexually Violent Persons | ||||||
6 | Commitment Act relating to a person who is
the
subject of | ||||||
7 | juvenile law enforcement records or the respondent to a | ||||||
8 | petition
brought under the Sexually Violent Persons | ||||||
9 | Commitment Act who is the subject of
the
juvenile law | ||||||
10 | enforcement records sought.
Any records and any | ||||||
11 | information obtained from those records under this
| ||||||
12 | paragraph (9) may be used only in sexually violent persons | ||||||
13 | commitment
proceedings. | ||||||
14 | (10) The president of a park district. Inspection and | ||||||
15 | copying shall be limited to law enforcement records | ||||||
16 | transmitted to the president of the park district by the | ||||||
17 | Illinois State Police under Section 8-23 of the Park | ||||||
18 | District Code concerning a minor who is seeking employment | ||||||
19 | with that park district and who has been adjudicated as | ||||||
20 | having committing any of the following offenses: | ||||||
21 | (i) unlawful use of weapons under Section 24-1 of | ||||||
22 | the Criminal Code of
1961; | ||||||
23 | (ii) a violation of the Illinois Controlled | ||||||
24 | Substances Act; | ||||||
25 | (iii) a violation of the Cannabis Control Act, | ||||||
26 | except those defined in Sections 4(a), 4(b), and 5(a) |
| |||||||
| |||||||
1 | of that Act; | ||||||
2 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
3 | the Criminal Code
of 1961; | ||||||
4 | (v) a violation of the Methamphetamine Control and | ||||||
5 | Community Protection Act; or | ||||||
6 | (vi) a felony or a Class A or B misdemeanor.
| ||||||
7 | (B) (1) Except as provided in paragraph (2), no law | ||||||
8 | enforcement
officer or other person or agency may knowingly | ||||||
9 | transmit to the Department of
Corrections, Adult Division | ||||||
10 | or the Department of State Police or to the Federal
Bureau | ||||||
11 | of Investigation any fingerprint or photograph relating to | ||||||
12 | a minor who
has been arrested or taken into custody before | ||||||
13 | his or her 17th birthday,
unless the court in proceedings | ||||||
14 | under this Act authorizes the transmission or
enters an | ||||||
15 | order under Section 5-805 permitting or requiring the
| ||||||
16 | institution of
criminal proceedings.
| ||||||
17 | (2) Law enforcement officers or other persons or | ||||||
18 | agencies shall transmit
to the Department of State Police | ||||||
19 | copies of fingerprints and descriptions
of all minors who | ||||||
20 | have been arrested or taken into custody before their
17th | ||||||
21 | birthday for the offense of unlawful use of weapons under | ||||||
22 | Article 24 of
the Criminal Code of 1961, a Class X or Class | ||||||
23 | 1 felony, a forcible felony as
defined in Section 2-8 of | ||||||
24 | the Criminal Code of 1961, or a Class 2 or greater
felony | ||||||
25 | under the Cannabis Control Act, the Illinois Controlled | ||||||
26 | Substances Act, the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | ||||||
2 | pursuant to Section 5 of the
Criminal Identification Act. | ||||||
3 | Information reported to the Department pursuant
to this | ||||||
4 | Section may be maintained with records that the Department | ||||||
5 | files
pursuant to Section 2.1 of the Criminal | ||||||
6 | Identification Act. Nothing in this
Act prohibits a law | ||||||
7 | enforcement agency from fingerprinting a minor taken into
| ||||||
8 | custody or arrested before his or her 17th birthday for an | ||||||
9 | offense other than
those listed in this paragraph (2).
| ||||||
10 | (C) The records of law enforcement officers, or of an | ||||||
11 | independent agency created by ordinance and charged by a unit | ||||||
12 | of local government with the duty of investigating the conduct | ||||||
13 | of law enforcement officers, concerning all minors under
17 | ||||||
14 | years of age must be maintained separate from the records of | ||||||
15 | arrests and
may not be open to public inspection or their | ||||||
16 | contents disclosed to the
public except by order of the court | ||||||
17 | presiding over matters pursuant to this Act or when the | ||||||
18 | institution of criminal
proceedings has been permitted or | ||||||
19 | required under Section
5-805 or such a person has been | ||||||
20 | convicted of a crime and is the
subject of
pre-sentence | ||||||
21 | investigation or proceedings on an application for probation
or | ||||||
22 | when provided by law. For purposes of obtaining documents | ||||||
23 | pursuant to this Section, a civil subpoena is not an order of | ||||||
24 | the court. | ||||||
25 | (1) In cases where the law enforcement, or independent | ||||||
26 | agency, records concern a pending juvenile court case, the |
| |||||||
| |||||||
1 | party seeking to inspect the records shall provide actual | ||||||
2 | notice to the attorney or guardian ad litem of the minor | ||||||
3 | whose records are sought. | ||||||
4 | (2) In cases where the records concern a juvenile court | ||||||
5 | case that is no longer pending, the party seeking to | ||||||
6 | inspect the records shall provide actual notice to the | ||||||
7 | minor or the minor's parent or legal guardian, and the | ||||||
8 | matter shall be referred to the chief judge presiding over | ||||||
9 | matters pursuant to this Act. | ||||||
10 | (3) In determining whether the records should be | ||||||
11 | available for inspection, the court shall consider the | ||||||
12 | minor's interest in confidentiality and rehabilitation | ||||||
13 | over the moving party's interest in obtaining the | ||||||
14 | information. Any records obtained in violation of this | ||||||
15 | subsection (C) shall not be admissible in any criminal or | ||||||
16 | civil proceeding, or operate to disqualify a minor from | ||||||
17 | subsequently holding public office or securing employment, | ||||||
18 | or operate as a forfeiture of any public benefit, right, | ||||||
19 | privilege, or right to receive any license granted by | ||||||
20 | public authority.
| ||||||
21 | (D) Nothing contained in subsection (C) of this Section | ||||||
22 | shall prohibit
the inspection or disclosure to victims and | ||||||
23 | witnesses of photographs
contained in the records of law | ||||||
24 | enforcement agencies when the
inspection and disclosure is | ||||||
25 | conducted in the presence of a law enforcement
officer for the | ||||||
26 | purpose of the identification or apprehension of any person
|
| |||||||
| |||||||
1 | subject to the provisions of this Act or for the investigation | ||||||
2 | or
prosecution of any crime.
| ||||||
3 | (E) Law enforcement officers, and personnel of an | ||||||
4 | independent agency created by ordinance and charged by a unit | ||||||
5 | of local government with the duty of investigating the conduct | ||||||
6 | of law enforcement officers, may not disclose the identity of | ||||||
7 | any minor
in releasing information to the general public as to | ||||||
8 | the arrest, investigation
or disposition of any case involving | ||||||
9 | a minor.
| ||||||
10 | (F) Nothing contained in this Section shall prohibit law | ||||||
11 | enforcement
agencies from communicating with each other by | ||||||
12 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
13 | other means the identity or other relevant
information | ||||||
14 | pertaining to a person under 17 years of age if there are
| ||||||
15 | reasonable grounds to believe that the person poses a real and | ||||||
16 | present danger
to the safety of the public or law enforcement | ||||||
17 | officers. The information
provided under this subsection (F) | ||||||
18 | shall remain confidential and shall not
be publicly disclosed, | ||||||
19 | except as otherwise allowed by law.
| ||||||
20 | (G) Nothing in this Section shall prohibit the right of a | ||||||
21 | Civil Service
Commission or appointing authority of any state, | ||||||
22 | county or municipality
examining the character and fitness of | ||||||
23 | an applicant for employment with a law
enforcement agency, | ||||||
24 | correctional institution, or fire department
from obtaining | ||||||
25 | and examining the
records of any law enforcement agency | ||||||
26 | relating to any record of the applicant
having been arrested or |
| |||||||
| |||||||
1 | taken into custody before the applicant's 17th
birthday.
| ||||||
2 | (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| ||||||
3 | (705 ILCS 405/5-905)
| ||||||
4 | Sec. 5-905. Law enforcement records.
| ||||||
5 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
6 | enforcement records maintained by law enforcement
agencies | ||||||
7 | that relate to a minor who has been arrested or taken into | ||||||
8 | custody
before his or her 17th birthday shall be restricted to | ||||||
9 | the following and when
necessary for the discharge of their | ||||||
10 | official duties:
| ||||||
11 | (a) A judge of the circuit court and members of the | ||||||
12 | staff of the court
designated by the judge;
| ||||||
13 | (b) Law enforcement officers, probation officers or | ||||||
14 | prosecutors or their
staff, or, when necessary for the | ||||||
15 | discharge of its official duties in connection with a | ||||||
16 | particular investigation of the conduct of a law | ||||||
17 | enforcement officer, an independent agency or its staff | ||||||
18 | created by ordinance and charged by a unit of local | ||||||
19 | government with the duty of investigating the conduct of | ||||||
20 | law enforcement officers;
| ||||||
21 | (c) The minor, the minor's parents or legal guardian | ||||||
22 | and their attorneys,
but only when the juvenile has been | ||||||
23 | charged with an offense;
| ||||||
24 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
25 | (e) Authorized military personnel;
|
| |||||||
| |||||||
1 | (f) Persons engaged in bona fide research, with the | ||||||
2 | permission of the
judge of juvenile court and the chief | ||||||
3 | executive of the agency that prepared the
particular | ||||||
4 | recording: provided that publication of such research | ||||||
5 | results in no
disclosure of a minor's identity and protects | ||||||
6 | the confidentiality of the
record;
| ||||||
7 | (g) Individuals responsible for supervising or | ||||||
8 | providing temporary or
permanent care and custody of minors | ||||||
9 | pursuant to orders of the juvenile court
or directives from | ||||||
10 | officials of the Department of Children and Family
Services | ||||||
11 | or the Department of Human Services who certify in writing | ||||||
12 | that the
information will not be disclosed to any other | ||||||
13 | party except as provided under
law or order of court;
| ||||||
14 | (h) The appropriate school official. Inspection and | ||||||
15 | copying
shall be limited to law enforcement records | ||||||
16 | transmitted to the appropriate
school official by a local | ||||||
17 | law enforcement agency under a reciprocal reporting
system | ||||||
18 | established and maintained between the school district and | ||||||
19 | the local law
enforcement agency under Section 10-20.14 of | ||||||
20 | the School Code concerning a minor
enrolled in a school | ||||||
21 | within the school district who has been arrested
for any | ||||||
22 | offense classified as a felony or a Class A or B | ||||||
23 | misdemeanor.
| ||||||
24 | (i) The president of a park district. Inspection and | ||||||
25 | copying shall be limited to law enforcement records | ||||||
26 | transmitted to the president of the park district by the |
| |||||||
| |||||||
1 | Illinois State Police under Section 8-23 of the Park | ||||||
2 | District Code concerning a minor who is seeking employment | ||||||
3 | with that park district and who has been adjudicated as | ||||||
4 | having committed any of the following offenses: | ||||||
5 | (i) unlawful use of weapons under Section 24-1 of | ||||||
6 | the Criminal Code of
1961; | ||||||
7 | (ii) a violation of the Illinois Controlled | ||||||
8 | Substances Act; | ||||||
9 | (iii) a violation of the Cannabis Control Act, | ||||||
10 | except those defined in Sections 4(a), 4(b), and 5(a) | ||||||
11 | of that Act; | ||||||
12 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
13 | the Criminal Code
of 1961; | ||||||
14 | (v) a violation of the Methamphetamine Control and | ||||||
15 | Community Protection Act; or | ||||||
16 | (vi) a felony or a Class A or B misdemeanor. | ||||||
17 | (2) Information identifying victims and alleged victims of | ||||||
18 | sex offenses,
shall not be disclosed or open to public | ||||||
19 | inspection under any circumstances.
Nothing in this Section | ||||||
20 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
21 | from voluntarily disclosing his or her identity.
| ||||||
22 | (2.5) If the minor is a victim of aggravated battery, | ||||||
23 | battery, attempted first degree murder, or other non-sexual | ||||||
24 | violent offense, the identity of the victim may be disclosed to | ||||||
25 | appropriate school officials, for the purpose of preventing | ||||||
26 | foreseeable future violence involving minors, by a local law |
| |||||||
| |||||||
1 | enforcement agency pursuant to an agreement established | ||||||
2 | between the school district and a local law enforcement agency | ||||||
3 | subject to the approval by the presiding judge of the juvenile | ||||||
4 | court. | ||||||
5 | (3) Relevant information, reports and records shall be made | ||||||
6 | available to the
Department of Juvenile Justice when a juvenile | ||||||
7 | offender has been placed in the
custody of the Department of | ||||||
8 | Juvenile Justice.
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9 | (4) Nothing in this Section shall prohibit the inspection | ||||||
10 | or disclosure to
victims and witnesses of photographs contained | ||||||
11 | in the records of law
enforcement agencies when the inspection | ||||||
12 | or disclosure is conducted in the
presence of a law enforcement | ||||||
13 | officer for purposes of identification or
apprehension of any | ||||||
14 | person in the course of any criminal investigation or
| ||||||
15 | prosecution.
| ||||||
16 | (5) The records of law enforcement officers, or of an | ||||||
17 | independent agency created by ordinance and charged by a unit | ||||||
18 | of local government with the duty of investigating the conduct | ||||||
19 | of law enforcement officers, concerning all minors under
17 | ||||||
20 | years of age must be maintained separate from the records of | ||||||
21 | adults and
may not be open to public inspection or their | ||||||
22 | contents disclosed to the
public except by order of the court | ||||||
23 | or when the institution of criminal
proceedings has been | ||||||
24 | permitted under Section 5-130 or 5-805 or required
under | ||||||
25 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
26 | crime and is the
subject of
pre-sentence investigation or when |
| |||||||
| |||||||
1 | provided by law.
| ||||||
2 | (6) Except as otherwise provided in this subsection (6), | ||||||
3 | law enforcement
officers, and personnel of an independent | ||||||
4 | agency created by ordinance and charged by a unit of local | ||||||
5 | government with the duty of investigating the conduct of law | ||||||
6 | enforcement officers, may not disclose the identity of any | ||||||
7 | minor
in releasing information to the general public as to the | ||||||
8 | arrest, investigation
or disposition of any case involving a | ||||||
9 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
10 | petition the court to
disclose the name and address of the | ||||||
11 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
12 | a finding by clear and convincing evidence that the
disclosure | ||||||
13 | is either necessary for the victim to pursue a civil remedy | ||||||
14 | against
the minor or the minor's parents or legal guardian, or | ||||||
15 | both, or to protect the
victim's person or property from the | ||||||
16 | minor, then the court may order the
disclosure of the | ||||||
17 | information to the victim or to the parent or legal guardian
of | ||||||
18 | the victim only for the purpose of the victim pursuing a civil | ||||||
19 | remedy
against the minor or the minor's parents or legal | ||||||
20 | guardian, or both, or to
protect the victim's person or | ||||||
21 | property from the minor.
| ||||||
22 | (7) Nothing contained in this Section shall prohibit law | ||||||
23 | enforcement
agencies when acting in their official capacity | ||||||
24 | from communicating with each
other by letter, memorandum, | ||||||
25 | teletype or
intelligence alert bulletin or other means the | ||||||
26 | identity or other relevant
information pertaining to a person |
| |||||||
| |||||||
1 | under 17 years of age. The information
provided under this | ||||||
2 | subsection (7) shall remain confidential and shall not
be | ||||||
3 | publicly disclosed, except as otherwise allowed by law.
| ||||||
4 | (8) No person shall disclose information under this Section | ||||||
5 | except when
acting in his or her official capacity and as | ||||||
6 | provided by law or order of
court.
| ||||||
7 | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
|