Rep. Darlene J. Senger
Filed: 4/6/2011
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1 | AMENDMENT TO HOUSE BILL 3129
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2 | AMENDMENT NO. ______. Amend House Bill 3129 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Park District Code is amended by changing | ||||||
5 | Section 8-23 as follows:
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6 | (70 ILCS 1205/8-23)
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7 | (Text of Section before amendment by P.A. 96-1551 )
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8 | Sec. 8-23. Criminal background checks investigations .
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9 | (a) An applicant for employment with a park district is | ||||||
10 | required as
a condition of employment to authorize a | ||||||
11 | fingerprint-based criminal history records check an | ||||||
12 | investigation to determine if
the applicant has been convicted | ||||||
13 | of , or adjudicated a delinquent minor for, any of the | ||||||
14 | enumerated criminal or drug
offenses in subsection (c) of this | ||||||
15 | Section or has been
convicted, within 7 years of the | ||||||
16 | application for employment with the
park district, of any other |
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| |||||||
1 | felony under the laws of this State or of any
offense committed | ||||||
2 | or attempted in any other state or against the laws of
the | ||||||
3 | United States that, if committed or attempted in this State, | ||||||
4 | would
have been punishable as a felony under the laws of this | ||||||
5 | State. Authorization
for the
investigation shall be furnished | ||||||
6 | by the applicant to the park district.
Upon receipt of this | ||||||
7 | authorization, the park district shall submit the
applicant's | ||||||
8 | name, sex, race, date of birth, and social security number , | ||||||
9 | fingerprint images, and other identifiers as prescribed by the | ||||||
10 | Department of State Police, to the Department. The Department | ||||||
11 | of State Police and the Federal Bureau of Investigation shall | ||||||
12 | furnish, pursuant to a fingerprint-based criminal history | ||||||
13 | records check, records of convictions, and records of | ||||||
14 | adjudication, until expunged, to the president of the park | ||||||
15 | district that requested the check. to
the Department of State | ||||||
16 | Police on forms prescribed by the Department of
State Police. | ||||||
17 | The Department of State Police shall conduct a search of the
| ||||||
18 | Illinois criminal history records database to ascertain if the | ||||||
19 | applicant being considered for
employment has been convicted | ||||||
20 | of , or adjudicated a delinquent minor for, committing or | ||||||
21 | attempting to commit any of
the enumerated criminal or drug
| ||||||
22 | offenses
in subsection (c) of this Section or
has been | ||||||
23 | convicted of committing or attempting to commit, within 7 years | ||||||
24 | of
the application for employment with
the
park district, any | ||||||
25 | other felony under the laws of this State. The
Department
of
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26 | State Police shall charge the park district a fee for |
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| |||||||
1 | conducting the
investigation, which fee shall be deposited in | ||||||
2 | the State Police Services
Fund and shall not exceed the cost of | ||||||
3 | the inquiry. The applicant shall
not be charged a fee by the | ||||||
4 | park district for the criminal history records check | ||||||
5 | investigation .
| ||||||
6 | (b) If the search of the Illinois criminal history record | ||||||
7 | database
indicates that the applicant has been convicted of , or | ||||||
8 | adjudicated a delinquent minor for, committing or attempting to
| ||||||
9 | commit any of the enumerated criminal or drug offenses in | ||||||
10 | subsection (c) or has
been convicted of committing or | ||||||
11 | attempting to commit, within 7 years of the
application for | ||||||
12 | employment with the park district, any other felony under the
| ||||||
13 | laws of this State, the Department of State Police and the | ||||||
14 | Federal Bureau
of
Investigation shall furnish, pursuant to
a | ||||||
15 | fingerprint based background check, records
of convictions or | ||||||
16 | adjudications as a delinquent minor , until expunged, to the
| ||||||
17 | president of the park district. Any information concerning the | ||||||
18 | record of
convictions or adjudications as a delinquent minor | ||||||
19 | obtained by the president shall be confidential and may only
be | ||||||
20 | transmitted to those persons who are necessary to the decision | ||||||
21 | on whether to
hire the
applicant for employment. A copy of the | ||||||
22 | record of convictions or adjudications as a delinquent minor | ||||||
23 | obtained
from the Department of State Police shall be provided | ||||||
24 | to the applicant for
employment. Any person who releases any | ||||||
25 | confidential information
concerning any criminal convictions | ||||||
26 | or adjudications as a delinquent minor of an applicant for |
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| |||||||
1 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
2 | release of such
information is authorized by this Section.
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3 | (c) No park district shall knowingly employ a person who | ||||||
4 | has been
convicted , or adjudicated a delinquent minor, for | ||||||
5 | committing attempted first degree murder or
for committing
or | ||||||
6 | attempting to commit first degree murder, a Class X felony, or | ||||||
7 | any
one or more of the following offenses: (i) those defined in | ||||||
8 | Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
9 | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 12-7.3, | ||||||
10 | 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the | ||||||
11 | Criminal Code of 1961; (ii) those defined in the Cannabis | ||||||
12 | Control Act,
except those defined in Sections 4(a), 4(b), and | ||||||
13 | 5(a) of that Act; (iii) those
defined in the Illinois | ||||||
14 | Controlled Substances Act; (iv) those defined in the | ||||||
15 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
16 | any offense
committed or attempted in any other state or | ||||||
17 | against the laws of the
United States, which, if committed or | ||||||
18 | attempted in this State, would have
been punishable as one or | ||||||
19 | more of the foregoing offenses. Further, no
park district shall | ||||||
20 | knowingly employ a person who has been found to be
the | ||||||
21 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
22 | years
of age pursuant to proceedings under Article II of the | ||||||
23 | Juvenile Court Act
of 1987. No park district shall knowingly | ||||||
24 | employ a person for whom a
criminal background investigation | ||||||
25 | has not been initiated.
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26 | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.) |
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| |||||||
1 | (Text of Section after amendment by P.A. 96-1551 )
| ||||||
2 | Sec. 8-23. Criminal background checks investigations .
| ||||||
3 | (a) An applicant for employment with a park district is | ||||||
4 | required as
a condition of employment to authorize a | ||||||
5 | fingerprint-based criminal history records check an | ||||||
6 | investigation to determine if
the applicant has been convicted | ||||||
7 | of , or adjudicated a delinquent minor for, any of the | ||||||
8 | enumerated criminal or drug
offenses in subsection (c) of this | ||||||
9 | Section or has been
convicted, within 7 years of the | ||||||
10 | application for employment with the
park district, of any other | ||||||
11 | felony under the laws of this State or of any
offense committed | ||||||
12 | or attempted in any other state or against the laws of
the | ||||||
13 | United States that, if committed or attempted in this State, | ||||||
14 | would
have been punishable as a felony under the laws of this | ||||||
15 | State. Authorization
for the
investigation shall be furnished | ||||||
16 | by the applicant to the park district.
Upon receipt of this | ||||||
17 | authorization, the park district shall submit the
applicant's | ||||||
18 | name, sex, race, date of birth, and social security number , | ||||||
19 | fingerprint images, and other identifiers as prescribed by the | ||||||
20 | Department of State Police, to the Department. The Department | ||||||
21 | of State Police and the Federal Bureau of Investigation shall | ||||||
22 | furnish, pursuant to a fingerprint-based criminal history | ||||||
23 | records check, records of convictions, and records of | ||||||
24 | adjudication, until expunged, to the president of the park | ||||||
25 | district that requested the check. to
the Department of State |
| |||||||
| |||||||
1 | Police on forms prescribed by the Department of
State Police. | ||||||
2 | The Department of State Police shall conduct a search of the
| ||||||
3 | Illinois criminal history records database to ascertain if the | ||||||
4 | applicant being considered for
employment has been convicted | ||||||
5 | of , or adjudicated a delinquent minor for, committing or | ||||||
6 | attempting to commit any of
the enumerated criminal or drug
| ||||||
7 | offenses
in subsection (c) of this Section or
has been | ||||||
8 | convicted of committing or attempting to commit, within 7 years | ||||||
9 | of
the application for employment with
the
park district, any | ||||||
10 | other felony under the laws of this State. The
Department
of
| ||||||
11 | State Police shall charge the park district a fee for | ||||||
12 | conducting the
investigation, which fee shall be deposited in | ||||||
13 | the State Police Services
Fund and shall not exceed the cost of | ||||||
14 | the inquiry. The applicant shall
not be charged a fee by the | ||||||
15 | park district for the criminal history records check | ||||||
16 | investigation .
| ||||||
17 | (b) If the search of the Illinois criminal history record | ||||||
18 | database
indicates that the applicant has been convicted of , or | ||||||
19 | adjudicated a delinquent minor for, committing or attempting to
| ||||||
20 | commit any of the enumerated criminal or drug offenses in | ||||||
21 | subsection (c) or has
been convicted of committing or | ||||||
22 | attempting to commit, within 7 years of the
application for | ||||||
23 | employment with the park district, any other felony under the
| ||||||
24 | laws of this State, the Department of State Police and the | ||||||
25 | Federal Bureau
of
Investigation shall furnish, pursuant to
a | ||||||
26 | fingerprint based background check, records
of convictions or |
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| |||||||
1 | adjudications as a delinquent minor , until expunged, to the
| ||||||
2 | president of the park district. Any information concerning the | ||||||
3 | record of
convictions or adjudications as a delinquent minor | ||||||
4 | obtained by the president shall be confidential and may only
be | ||||||
5 | transmitted to those persons who are necessary to the decision | ||||||
6 | on whether to
hire the
applicant for employment. A copy of the | ||||||
7 | record of convictions or adjudications as a delinquent minor | ||||||
8 | obtained
from the Department of State Police shall be provided | ||||||
9 | to the applicant for
employment. Any person who releases any | ||||||
10 | confidential information
concerning any criminal convictions | ||||||
11 | or adjudications as a delinquent minor of an applicant for | ||||||
12 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
13 | release of such
information is authorized by this Section.
| ||||||
14 | (c) No park district shall knowingly employ a person who | ||||||
15 | has been
convicted , or adjudicated a delinquent minor, for | ||||||
16 | committing attempted first degree murder or
for committing
or | ||||||
17 | attempting to commit first degree murder, a Class X felony, or | ||||||
18 | any
one or more of the following offenses: (i) those defined in | ||||||
19 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
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20 | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
21 | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | ||||||
22 | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | ||||||
23 | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961; (ii) | ||||||
24 | those defined in the Cannabis Control Act,
except those defined | ||||||
25 | in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
| ||||||
26 | defined in the Illinois Controlled Substances Act; (iv) those |
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| |||||||
1 | defined in the Methamphetamine Control and Community | ||||||
2 | Protection Act; and (v) any offense
committed or attempted in | ||||||
3 | any other state or against the laws of the
United States, | ||||||
4 | which, if committed or attempted in this State, would have
been | ||||||
5 | punishable as one or more of the foregoing offenses. Further, | ||||||
6 | no
park district shall knowingly employ a person who has been | ||||||
7 | found to be
the perpetrator of sexual or physical abuse of any | ||||||
8 | minor under 18 years
of age pursuant to proceedings under | ||||||
9 | Article II of the Juvenile Court Act
of 1987. No park district | ||||||
10 | shall knowingly employ a person for whom a
criminal background | ||||||
11 | investigation has not been initiated.
| ||||||
12 | (Source: P.A. 96-1551, eff. 7-1-11.)
| ||||||
13 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
14 | changing Sections 1-7 and 5-905 as follows:
| ||||||
15 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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16 | Sec. 1-7. Confidentiality of law enforcement records.
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17 | (A) Inspection and copying of law enforcement records | ||||||
18 | maintained by law
enforcement agencies that relate to a minor | ||||||
19 | who has been arrested or taken
into custody before his or her | ||||||
20 | 17th birthday shall be restricted to the
following:
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21 | (1) Any local, State or federal law enforcement | ||||||
22 | officers of any
jurisdiction or agency when necessary for | ||||||
23 | the discharge of their official
duties during the | ||||||
24 | investigation or prosecution of a crime or relating to a
|
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| |||||||
1 | minor who has been adjudicated delinquent and there has | ||||||
2 | been a previous finding
that the act which constitutes the | ||||||
3 | previous offense was committed in
furtherance of criminal | ||||||
4 | activities by a criminal street gang, or, when necessary | ||||||
5 | for the discharge of its official duties in connection with | ||||||
6 | a particular investigation of the conduct of a law | ||||||
7 | enforcement officer, an independent agency or its staff | ||||||
8 | created by ordinance and charged by a unit of local | ||||||
9 | government with the duty of investigating the conduct of | ||||||
10 | law enforcement officers. For purposes of
this Section, | ||||||
11 | "criminal street gang" has the meaning ascribed to it in
| ||||||
12 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
13 | Prevention Act.
| ||||||
14 | (2) Prosecutors, probation officers, social workers, | ||||||
15 | or other
individuals assigned by the court to conduct a | ||||||
16 | pre-adjudication or
pre-disposition investigation, and | ||||||
17 | individuals responsible for supervising
or providing | ||||||
18 | temporary or permanent care and custody for minors pursuant | ||||||
19 | to
the order of the juvenile court, when essential to | ||||||
20 | performing their
responsibilities.
| ||||||
21 | (3) Prosecutors and probation officers:
| ||||||
22 | (a) in the course of a trial when institution of | ||||||
23 | criminal proceedings
has been permitted or required | ||||||
24 | under Section 5-805; or
| ||||||
25 | (b) when institution of criminal proceedings has | ||||||
26 | been permitted or required under Section 5-805 and such |
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| |||||||
1 | minor is the
subject
of a proceeding to determine the | ||||||
2 | amount of bail; or
| ||||||
3 | (c) when criminal proceedings have been permitted
| ||||||
4 | or
required under Section 5-805 and such minor is the | ||||||
5 | subject of a
pre-trial
investigation, pre-sentence | ||||||
6 | investigation, fitness hearing, or proceedings
on an | ||||||
7 | application for probation.
| ||||||
8 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
9 | (5) Authorized military personnel.
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10 | (6) Persons engaged in bona fide research, with the | ||||||
11 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
12 | the chief executive of the respective
law enforcement | ||||||
13 | agency; provided that publication of such research results
| ||||||
14 | in no disclosure of a minor's identity and protects the | ||||||
15 | confidentiality
of the minor's record.
| ||||||
16 | (7) Department of Children and Family Services child | ||||||
17 | protection
investigators acting in their official | ||||||
18 | capacity.
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19 | (8) The appropriate school official. Inspection and | ||||||
20 | copying
shall be limited to law enforcement records | ||||||
21 | transmitted to the appropriate
school official by a local | ||||||
22 | law enforcement agency under a reciprocal reporting
system | ||||||
23 | established and maintained between the school district and | ||||||
24 | the local law
enforcement agency under Section 10-20.14 of | ||||||
25 | the School Code concerning a minor
enrolled in a school | ||||||
26 | within the school district who has been arrested or taken
|
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1 | into custody for any of the following offenses:
| ||||||
2 | (i) unlawful use of weapons under Section 24-1 of | ||||||
3 | 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 2-8 of | ||||||
8 | the Criminal Code
of 1961; or | ||||||
9 | (v) a violation of the Methamphetamine Control and | ||||||
10 | Community Protection Act.
| ||||||
11 | (9) Mental health professionals on behalf of the | ||||||
12 | Illinois Department of
Corrections or the Department of | ||||||
13 | Human Services or prosecutors who are
evaluating, | ||||||
14 | prosecuting, or investigating a potential or actual | ||||||
15 | petition
brought
under the Sexually Violent Persons | ||||||
16 | Commitment Act relating to a person who is
the
subject of | ||||||
17 | juvenile law enforcement records or the respondent to a | ||||||
18 | petition
brought under the Sexually Violent Persons | ||||||
19 | Commitment Act who is the subject of
the
juvenile law | ||||||
20 | enforcement records sought.
Any records and any | ||||||
21 | information obtained from those records under this
| ||||||
22 | paragraph (9) may be used only in sexually violent persons | ||||||
23 | commitment
proceedings. | ||||||
24 | (10) 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 person who is seeking employment | ||||||
3 | with that park district and who has been adjudicated a | ||||||
4 | juvenile delinquent for any of the offenses listed in | ||||||
5 | subsection (c) of Section 8-23 of the Park District Code.
| ||||||
6 | (B) (1) Except as provided in paragraph (2), no law | ||||||
7 | enforcement
officer or other person or agency may knowingly | ||||||
8 | transmit to the Department of
Corrections, Adult Division | ||||||
9 | or the Department of State Police or to the Federal
Bureau | ||||||
10 | of Investigation any fingerprint or photograph relating to | ||||||
11 | a minor who
has been arrested or taken into custody before | ||||||
12 | his or her 17th birthday,
unless the court in proceedings | ||||||
13 | under this Act authorizes the transmission or
enters an | ||||||
14 | order under Section 5-805 permitting or requiring the
| ||||||
15 | institution of
criminal proceedings.
| ||||||
16 | (2) Law enforcement officers or other persons or | ||||||
17 | agencies shall transmit
to the Department of State Police | ||||||
18 | copies of fingerprints and descriptions
of all minors who | ||||||
19 | have been arrested or taken into custody before their
17th | ||||||
20 | birthday for the offense of unlawful use of weapons under | ||||||
21 | Article 24 of
the Criminal Code of 1961, a Class X or Class | ||||||
22 | 1 felony, a forcible felony as
defined in Section 2-8 of | ||||||
23 | the Criminal Code of 1961, or a Class 2 or greater
felony | ||||||
24 | under the Cannabis Control Act, the Illinois Controlled | ||||||
25 | Substances Act, the Methamphetamine Control and Community | ||||||
26 | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, |
| |||||||
| |||||||
1 | pursuant to Section 5 of the
Criminal Identification Act. | ||||||
2 | Information reported to the Department pursuant
to this | ||||||
3 | Section may be maintained with records that the Department | ||||||
4 | files
pursuant to Section 2.1 of the Criminal | ||||||
5 | Identification Act. Nothing in this
Act prohibits a law | ||||||
6 | enforcement agency from fingerprinting a minor taken into
| ||||||
7 | custody or arrested before his or her 17th birthday for an | ||||||
8 | offense other than
those listed in this paragraph (2).
| ||||||
9 | (C) The records of law enforcement officers, or of an | ||||||
10 | independent agency created by ordinance and charged by a unit | ||||||
11 | of local government with the duty of investigating the conduct | ||||||
12 | of law enforcement officers, concerning all minors under
17 | ||||||
13 | years of age must be maintained separate from the records of | ||||||
14 | arrests and
may not be open to public inspection or their | ||||||
15 | contents disclosed to the
public except by order of the court | ||||||
16 | presiding over matters pursuant to this Act or when the | ||||||
17 | institution of criminal
proceedings has been permitted or | ||||||
18 | required under Section
5-805 or such a person has been | ||||||
19 | convicted of a crime and is the
subject of
pre-sentence | ||||||
20 | investigation or proceedings on an application for probation
or | ||||||
21 | when provided by law. For purposes of obtaining documents | ||||||
22 | pursuant to this Section, a civil subpoena is not an order of | ||||||
23 | the court. | ||||||
24 | (1) In cases where the law enforcement, or independent | ||||||
25 | agency, records concern a pending juvenile court case, the | ||||||
26 | party seeking to inspect the records shall provide actual |
| |||||||
| |||||||
1 | notice to the attorney or guardian ad litem of the minor | ||||||
2 | whose records are sought. | ||||||
3 | (2) In cases where the records concern a juvenile court | ||||||
4 | case that is no longer pending, the party seeking to | ||||||
5 | inspect the records shall provide actual notice to the | ||||||
6 | minor or the minor's parent or legal guardian, and the | ||||||
7 | matter shall be referred to the chief judge presiding over | ||||||
8 | matters pursuant to this Act. | ||||||
9 | (3) In determining whether the records should be | ||||||
10 | available for inspection, the court shall consider the | ||||||
11 | minor's interest in confidentiality and rehabilitation | ||||||
12 | over the moving party's interest in obtaining the | ||||||
13 | information. Any records obtained in violation of this | ||||||
14 | subsection (C) shall not be admissible in any criminal or | ||||||
15 | civil proceeding, or operate to disqualify a minor from | ||||||
16 | subsequently holding public office or securing employment, | ||||||
17 | or operate as a forfeiture of any public benefit, right, | ||||||
18 | privilege, or right to receive any license granted by | ||||||
19 | public authority.
| ||||||
20 | (D) Nothing contained in subsection (C) of this Section | ||||||
21 | shall prohibit
the inspection or disclosure to victims and | ||||||
22 | witnesses of photographs
contained in the records of law | ||||||
23 | enforcement agencies when the
inspection and disclosure is | ||||||
24 | conducted in the presence of a law enforcement
officer for the | ||||||
25 | purpose of the identification or apprehension of any person
| ||||||
26 | subject to the provisions of this Act or for the investigation |
| |||||||
| |||||||
1 | or
prosecution of any crime.
| ||||||
2 | (E) Law enforcement officers, and personnel of an | ||||||
3 | independent agency created by ordinance and charged by a unit | ||||||
4 | of local government with the duty of investigating the conduct | ||||||
5 | of law enforcement officers, may not disclose the identity of | ||||||
6 | any minor
in releasing information to the general public as to | ||||||
7 | the arrest, investigation
or disposition of any case involving | ||||||
8 | a minor.
| ||||||
9 | (F) Nothing contained in this Section shall prohibit law | ||||||
10 | enforcement
agencies from communicating with each other by | ||||||
11 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
12 | other means the identity or other relevant
information | ||||||
13 | pertaining to a person under 17 years of age if there are
| ||||||
14 | reasonable grounds to believe that the person poses a real and | ||||||
15 | present danger
to the safety of the public or law enforcement | ||||||
16 | officers. The information
provided under this subsection (F) | ||||||
17 | shall remain confidential and shall not
be publicly disclosed, | ||||||
18 | except as otherwise allowed by law.
| ||||||
19 | (G) Nothing in this Section shall prohibit the right of a | ||||||
20 | Civil Service
Commission or appointing authority of any state, | ||||||
21 | county or municipality
examining the character and fitness of | ||||||
22 | an applicant for employment with a law
enforcement agency, | ||||||
23 | correctional institution, or fire department
from obtaining | ||||||
24 | and examining the
records of any law enforcement agency | ||||||
25 | relating to any record of the applicant
having been arrested or | ||||||
26 | taken into custody before the applicant's 17th
birthday.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| ||||||
2 | (705 ILCS 405/5-905)
| ||||||
3 | Sec. 5-905. Law enforcement records.
| ||||||
4 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
5 | enforcement records maintained by law enforcement
agencies | ||||||
6 | that relate to a minor who has been arrested or taken into | ||||||
7 | custody
before his or her 17th birthday shall be restricted to | ||||||
8 | the following and when
necessary for the discharge of their | ||||||
9 | official duties:
| ||||||
10 | (a) A judge of the circuit court and members of the | ||||||
11 | staff of the court
designated by the judge;
| ||||||
12 | (b) Law enforcement officers, probation officers or | ||||||
13 | prosecutors or their
staff, or, when necessary for the | ||||||
14 | discharge of its official duties in connection with a | ||||||
15 | particular investigation of the conduct of a law | ||||||
16 | enforcement officer, an independent agency or its staff | ||||||
17 | created by ordinance and charged by a unit of local | ||||||
18 | government with the duty of investigating the conduct of | ||||||
19 | law enforcement officers;
| ||||||
20 | (c) The minor, the minor's parents or legal guardian | ||||||
21 | and their attorneys,
but only when the juvenile has been | ||||||
22 | charged with an offense;
| ||||||
23 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
24 | (e) Authorized military personnel;
| ||||||
25 | (f) Persons engaged in bona fide research, with the |
| |||||||
| |||||||
1 | permission of the
judge of juvenile court and the chief | ||||||
2 | executive of the agency that prepared the
particular | ||||||
3 | recording: provided that publication of such research | ||||||
4 | results in no
disclosure of a minor's identity and protects | ||||||
5 | the confidentiality of the
record;
| ||||||
6 | (g) Individuals responsible for supervising or | ||||||
7 | providing temporary or
permanent care and custody of minors | ||||||
8 | pursuant to orders of the juvenile court
or directives from | ||||||
9 | officials of the Department of Children and Family
Services | ||||||
10 | or the Department of Human Services who certify in writing | ||||||
11 | that the
information will not be disclosed to any other | ||||||
12 | party except as provided under
law or order of court;
| ||||||
13 | (h) The appropriate school official. Inspection and | ||||||
14 | copying
shall be limited to law enforcement records | ||||||
15 | transmitted to the appropriate
school official by a local | ||||||
16 | law enforcement agency under a reciprocal reporting
system | ||||||
17 | established and maintained between the school district and | ||||||
18 | the local law
enforcement agency under Section 10-20.14 of | ||||||
19 | the School Code concerning a minor
enrolled in a school | ||||||
20 | within the school district who has been arrested
for any | ||||||
21 | offense classified as a felony or a Class A or B | ||||||
22 | misdemeanor. | ||||||
23 | (i) The president of a park district. Inspection and | ||||||
24 | copying shall be limited to law enforcement records | ||||||
25 | transmitted to the president of the park district by the | ||||||
26 | Illinois State Police under Section 8-23 of the Park |
| |||||||
| |||||||
1 | District Code concerning a person who is seeking employment | ||||||
2 | with that park district and who has been adjudicated a | ||||||
3 | juvenile delinquent for any of the offenses listed in | ||||||
4 | subsection (c) of Section 8-23 of the Park District Code.
| ||||||
5 | (2) Information identifying victims and alleged victims of | ||||||
6 | sex offenses,
shall not be disclosed or open to public | ||||||
7 | inspection under any circumstances.
Nothing in this Section | ||||||
8 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
9 | from voluntarily disclosing his or her identity.
| ||||||
10 | (2.5) If the minor is a victim of aggravated battery, | ||||||
11 | battery, attempted first degree murder, or other non-sexual | ||||||
12 | violent offense, the identity of the victim may be disclosed to | ||||||
13 | appropriate school officials, for the purpose of preventing | ||||||
14 | foreseeable future violence involving minors, by a local law | ||||||
15 | enforcement agency pursuant to an agreement established | ||||||
16 | between the school district and a local law enforcement agency | ||||||
17 | subject to the approval by the presiding judge of the juvenile | ||||||
18 | court. | ||||||
19 | (3) Relevant information, reports and records shall be made | ||||||
20 | available to the
Department of Juvenile Justice when a juvenile | ||||||
21 | offender has been placed in the
custody of the Department of | ||||||
22 | Juvenile Justice.
| ||||||
23 | (4) Nothing in this Section shall prohibit the inspection | ||||||
24 | or disclosure to
victims and witnesses of photographs contained | ||||||
25 | in the records of law
enforcement agencies when the inspection | ||||||
26 | or disclosure is conducted in the
presence of a law enforcement |
| |||||||
| |||||||
1 | officer for purposes of identification or
apprehension of any | ||||||
2 | person in the course of any criminal investigation or
| ||||||
3 | prosecution.
| ||||||
4 | (5) The records of law enforcement officers, or of an | ||||||
5 | independent agency created by ordinance and charged by a unit | ||||||
6 | of local government with the duty of investigating the conduct | ||||||
7 | of law enforcement officers, concerning all minors under
17 | ||||||
8 | years of age must be maintained separate from the records of | ||||||
9 | adults and
may not be open to public inspection or their | ||||||
10 | contents disclosed to the
public except by order of the court | ||||||
11 | or when the institution of criminal
proceedings has been | ||||||
12 | permitted under Section 5-130 or 5-805 or required
under | ||||||
13 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
14 | crime and is the
subject of
pre-sentence investigation or when | ||||||
15 | provided by law.
| ||||||
16 | (6) Except as otherwise provided in this subsection (6), | ||||||
17 | law enforcement
officers, and personnel of an independent | ||||||
18 | agency created by ordinance and charged by a unit of local | ||||||
19 | government with the duty of investigating the conduct of law | ||||||
20 | enforcement officers, may not disclose the identity of any | ||||||
21 | minor
in releasing information to the general public as to the | ||||||
22 | arrest, investigation
or disposition of any case involving a | ||||||
23 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
24 | petition the court to
disclose the name and address of the | ||||||
25 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
26 | a finding by clear and convincing evidence that the
disclosure |
| |||||||
| |||||||
1 | is either necessary for the victim to pursue a civil remedy | ||||||
2 | against
the minor or the minor's parents or legal guardian, or | ||||||
3 | both, or to protect the
victim's person or property from the | ||||||
4 | minor, then the court may order the
disclosure of the | ||||||
5 | information to the victim or to the parent or legal guardian
of | ||||||
6 | the victim only for the purpose of the victim pursuing a civil | ||||||
7 | remedy
against the minor or the minor's parents or legal | ||||||
8 | guardian, or both, or to
protect the victim's person or | ||||||
9 | property from the minor.
| ||||||
10 | (7) Nothing contained in this Section shall prohibit law | ||||||
11 | enforcement
agencies when acting in their official capacity | ||||||
12 | from communicating with each
other by letter, memorandum, | ||||||
13 | teletype or
intelligence alert bulletin or other means the | ||||||
14 | identity or other relevant
information pertaining to a person | ||||||
15 | under 17 years of age. The information
provided under this | ||||||
16 | subsection (7) shall remain confidential and shall not
be | ||||||
17 | publicly disclosed, except as otherwise allowed by law.
| ||||||
18 | (8) No person shall disclose information under this Section | ||||||
19 | except when
acting in his or her official capacity and as | ||||||
20 | provided by law or order of
court.
| ||||||
21 | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
| ||||||
22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text | ||||||
24 | that is not yet or no longer in effect (for example, a Section | ||||||
25 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|