Full Text of SB3513 96th General Assembly
SB3513sam001 96TH GENERAL ASSEMBLY
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Sen. Emil Jones, III
Filed: 3/5/2010
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| AMENDMENT TO SENATE BILL 3513
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| AMENDMENT NO. ______. Amend Senate Bill 3513 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 1-8 and 5-905 as follows: | 6 |
| (705 ILCS 405/1-8) (from Ch. 37, par. 801-8) | 7 |
| Sec. 1-8. Confidentiality and accessibility of juvenile | 8 |
| court records. | 9 |
| (A) Inspection and copying of juvenile court records | 10 |
| relating to a minor
who is the subject of a proceeding under | 11 |
| this Act shall be restricted to the
following: | 12 |
| (1) The minor who is the subject of record, his | 13 |
| parents, guardian
and counsel. | 14 |
| (2) Law enforcement officers and law enforcement | 15 |
| agencies when such
information is essential to executing an | 16 |
| arrest or search warrant or other
compulsory process, or to |
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| conducting an ongoing investigation
or relating to a minor | 2 |
| who
has been adjudicated delinquent and there has been a | 3 |
| previous finding that
the act which constitutes the | 4 |
| previous offense was committed in furtherance
of criminal | 5 |
| activities by a criminal street gang. | 6 |
| Before July 1, 1994, for the purposes of this Section, | 7 |
| "criminal street
gang" means any ongoing
organization, | 8 |
| association, or group of 3 or more persons, whether formal | 9 |
| or
informal, having as one of its primary activities the | 10 |
| commission of one or
more criminal acts and that has a | 11 |
| common name or common identifying sign,
symbol or specific | 12 |
| color apparel displayed, and whose members individually
or | 13 |
| collectively engage in or have engaged in a pattern of | 14 |
| criminal activity. | 15 |
| Beginning July 1, 1994, for purposes of this Section, | 16 |
| "criminal street
gang" has the meaning ascribed to it in | 17 |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | 18 |
| Prevention Act. | 19 |
| (3) Judges, hearing officers, prosecutors, probation | 20 |
| officers, social
workers or other
individuals assigned by | 21 |
| the court to conduct a pre-adjudication or
predisposition | 22 |
| investigation, and individuals responsible for supervising
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| or providing temporary or permanent care and custody for | 24 |
| minors pursuant
to the order of the juvenile court when | 25 |
| essential to performing their
responsibilities. | 26 |
| (4) Judges, prosecutors and probation officers: |
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| (a) in the course of a trial when institution of | 2 |
| criminal proceedings
has been permitted or required | 3 |
| under Section 5-805; or | 4 |
| (b) when criminal proceedings have been permitted
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| or
required under Section 5-805 and a minor is the | 6 |
| subject of a
proceeding to
determine the amount of | 7 |
| bail; or | 8 |
| (c) when criminal proceedings have been permitted
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| or
required under Section 5-805 and a minor is the | 10 |
| subject of a
pre-trial
investigation, pre-sentence | 11 |
| investigation or fitness hearing, or
proceedings on an | 12 |
| application for probation; or | 13 |
| (d) when a minor becomes 17 years of age or older, | 14 |
| and is the subject
of criminal proceedings, including a | 15 |
| hearing to determine the amount of
bail, a pre-trial | 16 |
| investigation, a pre-sentence investigation, a fitness
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| hearing, or proceedings on an application for | 18 |
| probation. | 19 |
| (5) Adult and Juvenile Prisoner Review Boards. | 20 |
| (6) Authorized military personnel. | 21 |
| (7) Victims, their subrogees and legal | 22 |
| representatives; however, such
persons shall have access | 23 |
| only to the name and address of the minor and
information | 24 |
| pertaining to the disposition or alternative adjustment | 25 |
| plan
of the juvenile court. | 26 |
| (8) Persons engaged in bona fide research, with the |
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| permission of the
presiding judge of the juvenile court and | 2 |
| the chief executive of the agency
that prepared the | 3 |
| particular records; provided that publication of such
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| research results in no disclosure of a minor's identity and | 5 |
| protects the
confidentiality of the record. | 6 |
| (9) The Secretary of State to whom the Clerk of the | 7 |
| Court shall report
the disposition of all cases, as | 8 |
| required in Section 6-204 of the Illinois
Vehicle Code. | 9 |
| However, information reported relative to these offenses | 10 |
| shall
be privileged and available only to the Secretary of | 11 |
| State, courts, and police
officers. | 12 |
| (10) The administrator of a bonafide substance abuse | 13 |
| student
assistance program with the permission of the | 14 |
| presiding judge of the
juvenile court. | 15 |
| (11) Mental health professionals on behalf of the | 16 |
| Illinois Department of
Corrections or the Department of | 17 |
| Human Services or prosecutors who are
evaluating, | 18 |
| prosecuting, or investigating a potential or actual | 19 |
| petition
brought
under the Sexually Persons Commitment Act | 20 |
| relating to a person who is the
subject of
juvenile court | 21 |
| records or the respondent to a petition brought under
the
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| Sexually Violent Persons Commitment Act, who is the subject | 23 |
| of juvenile
court records
sought. Any records and any | 24 |
| information obtained from those records under this
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| paragraph (11) may be used only in sexually violent persons | 26 |
| commitment
proceedings. |
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| (12) Appropriate school officials, for the purpose of | 2 |
| preventing foreseeable future violence involving minors, | 3 |
| with the permission of the presiding judge of the juvenile | 4 |
| court and the chief executive of the agency that prepared | 5 |
| the particular records. | 6 |
| (A-1) Findings and exclusions of paternity entered in | 7 |
| proceedings occurring under Article II of this Act shall be | 8 |
| disclosed, in a manner and form approved by the Presiding Judge | 9 |
| of the Juvenile Court, to the Department of Healthcare and | 10 |
| Family Services when necessary to discharge the duties of the | 11 |
| Department of Healthcare and Family Services under Article X of | 12 |
| the Illinois Public Aid Code. | 13 |
| (B) A minor who is the victim in a juvenile proceeding | 14 |
| shall be
provided the same confidentiality regarding | 15 |
| disclosure of identity as the
minor who is the subject of | 16 |
| record. | 17 |
| (C) Except as otherwise provided in this subsection (C), | 18 |
| juvenile court
records shall not be made available to the | 19 |
| general public
but may be inspected by representatives of | 20 |
| agencies, associations and news
media or other properly | 21 |
| interested persons by general or special order of
the court | 22 |
| presiding over matters pursuant to this Act. | 23 |
| (0.1) In cases where the records concern a pending | 24 |
| juvenile court case, the party seeking to inspect the | 25 |
| juvenile court records shall provide actual notice to the | 26 |
| attorney or guardian ad litem of the minor whose records |
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| are sought. | 2 |
| (0.2) In cases where the records concern a juvenile | 3 |
| court case that is no longer pending, the party seeking to | 4 |
| inspect the juvenile court records shall provide actual | 5 |
| notice to the minor or the minor's parent or legal | 6 |
| guardian, and the matter shall be referred to the chief | 7 |
| judge presiding over matters pursuant to this Act. | 8 |
| (0.3) In determining whether the records should be | 9 |
| available for inspection, the court shall consider the | 10 |
| minor's interest in confidentiality and rehabilitation | 11 |
| over the moving party's interest in obtaining the | 12 |
| information. The State's Attorney, the minor, and the | 13 |
| minor's parents, guardian, and counsel shall at all times | 14 |
| have the right to examine court files and records. For | 15 |
| purposes of obtaining documents pursuant to this Section, a | 16 |
| civil subpoena is not an order of the court. | 17 |
| (0.4) Any records obtained in violation of this | 18 |
| subsection (C) shall not be admissible in any criminal or | 19 |
| civil proceeding, or operate to disqualify a minor from | 20 |
| subsequently holding public office, or operate as a | 21 |
| forfeiture of any public benefit, right, privilege, or | 22 |
| right to receive any license granted by public authority.
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| (1) The
court shall allow the general public to have | 24 |
| access to the name, address, and offense of a minor
who is | 25 |
| adjudicated a delinquent minor under this Act under either | 26 |
| of the
following circumstances: |
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| (A) The
adjudication of
delinquency was based upon | 2 |
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minor's
commission of first degree murder, attempt | 3 |
| to commit first degree
murder, aggravated criminal | 4 |
| sexual assault, or criminal sexual assault; or | 5 |
| (B) The court has made a finding that the minor was | 6 |
| at least 13 years of
age
at the time the act was | 7 |
| committed and the adjudication of delinquency was | 8 |
| based
upon the minor's commission of: (i)
an act in | 9 |
| furtherance of the commission of a felony as a member | 10 |
| of or on
behalf of a criminal street
gang, (ii) an act | 11 |
| involving the use of a firearm in the commission of a
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| felony, (iii) an act that would be a Class X felony | 13 |
| offense
under or
the minor's second or subsequent
Class | 14 |
| 2 or greater felony offense under the Cannabis Control | 15 |
| Act if committed by an adult,
(iv) an act that would be | 16 |
| a second or subsequent offense under Section 402 of
the | 17 |
| Illinois Controlled Substances Act if committed by an | 18 |
| adult, (v) an act
that would be an offense under | 19 |
| Section 401 of the Illinois Controlled
Substances Act | 20 |
| if committed by an adult, (vi) an act that would be a | 21 |
| second or subsequent offense under Section 60 of the | 22 |
| Methamphetamine Control and Community Protection Act, | 23 |
| or (vii) an act that would be an offense under another | 24 |
| Section of the Methamphetamine Control and Community | 25 |
| Protection Act. | 26 |
| (2) The court
shall allow the general public to have |
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| access to the name, address, and offense of a minor who is | 2 |
| at least 13 years of age at
the time the offense
is | 3 |
| committed and who is convicted, in criminal proceedings
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| permitted or required under Section 5-4, under either of | 5 |
| the following
circumstances: | 6 |
| (A) The minor has been convicted of first degree | 7 |
| murder, attempt
to commit first degree
murder, | 8 |
| aggravated criminal sexual
assault, or criminal sexual | 9 |
| assault, | 10 |
| (B) The court has made a finding that the minor was | 11 |
| at least 13 years
of age
at the time the offense was | 12 |
| committed and the conviction was based upon the
minor's | 13 |
| commission of: (i)
an offense in
furtherance of the | 14 |
| commission of a felony as a member of or on behalf of a
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| criminal street gang, (ii) an offense
involving the use | 16 |
| of a firearm in the commission of a felony, (iii)
a | 17 |
| Class X felony offense under or a second or subsequent | 18 |
| Class 2 or
greater felony offense under the Cannabis | 19 |
| Control Act, (iv) a
second or subsequent offense under | 20 |
| Section 402 of the Illinois
Controlled Substances Act, | 21 |
| (v) an offense under Section 401 of the Illinois
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| Controlled Substances Act, (vi) an act that would be a | 23 |
| second or subsequent offense under Section 60 of the | 24 |
| Methamphetamine Control and Community Protection Act, | 25 |
| or (vii) an act that would be an offense under another | 26 |
| Section of the Methamphetamine Control and Community |
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| Protection Act. | 2 |
| (D) Pending or following any adjudication of delinquency | 3 |
| for
any offense defined
in Sections 12-13 through 12-16 of the | 4 |
| Criminal Code of 1961,
the victim of any such offense shall | 5 |
| receive the
rights set out in Sections 4 and 6 of the Bill of
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| Rights for Victims and Witnesses of Violent Crime Act; and the
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| juvenile who is the subject of the adjudication, | 8 |
| notwithstanding any other
provision of this Act, shall be | 9 |
| treated
as an adult for the purpose of affording such rights to | 10 |
| the victim. | 11 |
| (E) Nothing in this Section shall affect the right of a | 12 |
| Civil Service
Commission or appointing authority of any state, | 13 |
| county or municipality
examining the character and fitness of
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| an applicant for employment with a law enforcement
agency, | 15 |
| correctional institution, or fire department to
ascertain
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| whether that applicant was ever adjudicated to be a delinquent | 17 |
| minor and,
if so, to examine the records of disposition or | 18 |
| evidence which were made in
proceedings under this Act. | 19 |
| (F) Following any adjudication of delinquency for a crime | 20 |
| which would be
a felony if committed by an adult, or following | 21 |
| any adjudication of delinquency
for a violation of Section | 22 |
| 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | 23 |
| State's Attorney shall ascertain
whether the minor respondent | 24 |
| is enrolled in school and, if so, shall provide
a copy of the | 25 |
| dispositional order to the principal or chief administrative
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| officer of the school. Access to such juvenile records shall be |
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| limited
to the principal or chief administrative officer of the | 2 |
| school and any guidance
counselor designated by him. | 3 |
| (G) Nothing contained in this Act prevents the sharing or
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| disclosure of information or records relating or pertaining to | 5 |
| juveniles
subject to the provisions of the Serious Habitual | 6 |
| Offender Comprehensive
Action Program when that information is | 7 |
| used to assist in the early
identification and treatment of | 8 |
| habitual juvenile offenders. | 9 |
| (H) When a Court hearing a proceeding under Article II of | 10 |
| this Act becomes
aware that an earlier proceeding under Article | 11 |
| II had been heard in a different
county, that Court shall | 12 |
| request, and the Court in which the earlier
proceedings were | 13 |
| initiated shall transmit, an authenticated copy of the Court
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| record, including all documents, petitions, and orders filed | 15 |
| therein and the
minute orders, transcript of proceedings, and | 16 |
| docket entries of the Court. | 17 |
| (I) The Clerk of the Circuit Court shall report to the | 18 |
| Department of
State
Police, in the form and manner required by | 19 |
| the Department of State Police, the
final disposition of each | 20 |
| minor who has been arrested or taken into custody
before his or | 21 |
| her 17th birthday for those offenses required to be reported
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| under Section 5 of the Criminal Identification Act. Information | 23 |
| reported to
the Department under this Section may be maintained | 24 |
| with records that the
Department files under Section 2.1 of the | 25 |
| Criminal Identification Act. | 26 |
| (Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09.)
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| (705 ILCS 405/5-905)
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| Sec. 5-905. Law enforcement records.
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| (1) Law Enforcement Records.
Inspection and copying of law | 4 |
| enforcement records maintained by law enforcement
agencies | 5 |
| that relate to a minor who has been arrested or taken into | 6 |
| custody
before his or her 17th birthday shall be restricted to | 7 |
| the following and when
necessary for the discharge of their | 8 |
| official duties:
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| (a) A judge of the circuit court and members of the | 10 |
| staff of the court
designated by the judge;
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| (b) Law enforcement officers, probation officers or | 12 |
| prosecutors or their
staff, or, when necessary for the | 13 |
| discharge of its official duties in connection with a | 14 |
| particular investigation of the conduct of a law | 15 |
| enforcement officer, an independent agency or its staff | 16 |
| created by ordinance and charged by a unit of local | 17 |
| government with the duty of investigating the conduct of | 18 |
| law enforcement officers;
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| (c) The minor, the minor's parents or legal guardian | 20 |
| and their attorneys,
but only when the juvenile has been | 21 |
| charged with an offense;
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| (d) Adult and Juvenile Prisoner Review Boards;
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| (e) Authorized military personnel;
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| (f) Persons engaged in bona fide research, with the | 25 |
| permission of the
judge of juvenile court and the chief |
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| executive of the agency that prepared the
particular | 2 |
| recording: provided that publication of such research | 3 |
| results in no
disclosure of a minor's identity and protects | 4 |
| the confidentiality of the
record;
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| (g) Individuals responsible for supervising or | 6 |
| providing temporary or
permanent care and custody of minors | 7 |
| pursuant to orders of the juvenile court
or directives from | 8 |
| officials of the Department of Children and Family
Services | 9 |
| or the Department of Human Services who certify in writing | 10 |
| that the
information will not be disclosed to any other | 11 |
| party except as provided under
law or order of court;
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| (h) The appropriate school official. Inspection and | 13 |
| copying
shall be limited to law enforcement records | 14 |
| transmitted to the appropriate
school official by a local | 15 |
| law enforcement agency under a reciprocal reporting
system | 16 |
| established and maintained between the school district and | 17 |
| the local law
enforcement agency under Section 10-20.14 of | 18 |
| the School Code concerning a minor
enrolled in a school | 19 |
| within the school district who has been arrested
for any | 20 |
| offense classified as a felony or a Class A or B | 21 |
| misdemeanor.
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| (2) Except as otherwise provided in subsection (2.5), | 23 |
| information Information identifying victims and alleged | 24 |
| victims of sex offenses,
shall not be disclosed or open to | 25 |
| public inspection under any circumstances .
Nothing in this | 26 |
| Section shall prohibit the victim or alleged victim of any sex
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| offense from voluntarily disclosing his or her identity.
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| (2.5) Information identifying victims of aggravated | 3 |
| battery, battery, attempted first degree murder, or other | 4 |
| non-sexual violent offenses may be disclosed to appropriate | 5 |
| school officials by a local law enforcement agency pursuant to | 6 |
| an agreement established between the school district and the | 7 |
| local law enforcement agency subject to the approval by the | 8 |
| presiding judge of the juvenile court. | 9 |
| (3) Relevant information, reports and records shall be made | 10 |
| available to the
Department of Juvenile Justice when a juvenile | 11 |
| offender has been placed in the
custody of the Department of | 12 |
| Juvenile Justice.
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| (4) Nothing in this Section shall prohibit the inspection | 14 |
| or disclosure to
victims and witnesses of photographs contained | 15 |
| in the records of law
enforcement agencies when the inspection | 16 |
| or disclosure is conducted in the
presence of a law enforcement | 17 |
| officer for purposes of identification or
apprehension of any | 18 |
| person in the course of any criminal investigation or
| 19 |
| prosecution.
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| (5) The records of law enforcement officers, or of an | 21 |
| independent agency created by ordinance and charged by a unit | 22 |
| of local government with the duty of investigating the conduct | 23 |
| of law enforcement officers, concerning all minors under
17 | 24 |
| years of age must be maintained separate from the records of | 25 |
| adults and
may not be open to public inspection or their | 26 |
| contents disclosed to the
public except by order of the court |
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| or when the institution of criminal
proceedings has been | 2 |
| permitted under Section 5-130 or 5-805 or required
under | 3 |
| Section
5-130 or 5-805 or such a person has been convicted of a | 4 |
| crime and is the
subject of
pre-sentence investigation or when | 5 |
| provided by law.
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| (6) Except as otherwise provided in this subsection (6), | 7 |
| law enforcement
officers, and personnel of an independent | 8 |
| agency created by ordinance and charged by a unit of local | 9 |
| government with the duty of investigating the conduct of law | 10 |
| enforcement officers, may not disclose the identity of any | 11 |
| minor
in releasing information to the general public as to the | 12 |
| arrest, investigation
or disposition of any case involving a | 13 |
| minor.
Any victim or parent or legal guardian of a victim may | 14 |
| petition the court to
disclose the name and address of the | 15 |
| minor and the minor's parents or legal
guardian, or both. Upon | 16 |
| a finding by clear and convincing evidence that the
disclosure | 17 |
| is either necessary for the victim to pursue a civil remedy | 18 |
| against
the minor or the minor's parents or legal guardian, or | 19 |
| both, or to protect the
victim's person or property from the | 20 |
| minor, then the court may order the
disclosure of the | 21 |
| information to the victim or to the parent or legal guardian
of | 22 |
| the victim only for the purpose of the victim pursuing a civil | 23 |
| remedy
against the minor or the minor's parents or legal | 24 |
| guardian, or both, or to
protect the victim's person or | 25 |
| property from the minor.
| 26 |
| (7) Nothing contained in this Section shall prohibit law |
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| enforcement
agencies when acting in their official capacity | 2 |
| from communicating with each
other by letter, memorandum, | 3 |
| teletype or
intelligence alert bulletin or other means the | 4 |
| identity or other relevant
information pertaining to a person | 5 |
| under 17 years of age. The information
provided under this | 6 |
| subsection (7) shall remain confidential and shall not
be | 7 |
| publicly disclosed, except as otherwise allowed by law.
| 8 |
| (8) No person shall disclose information under this Section | 9 |
| except when
acting in his or her official capacity and as | 10 |
| provided by law or order of
court.
| 11 |
| (Source: P.A. 96-419, eff. 8-13-09.)".
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