Full Text of HB5602 97th General Assembly
HB5602ham002 97TH GENERAL ASSEMBLY | Rep. Carol A. Sente Filed: 3/8/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5602
| 2 | | AMENDMENT NO. ______. Amend House Bill 5602 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 22-20 as follows:
| 6 | | (105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
| 7 | | Sec. 22-20.
All courts and law enforcement agencies of the | 8 | | State of
Illinois and its political subdivisions shall report | 9 | | to the principal of
any public school in this State whenever a | 10 | | child enrolled therein is
detained for proceedings under the | 11 | | Juvenile Court Act of 1987, as heretofore
and hereafter | 12 | | amended, or for any criminal offense or any violation of a
| 13 | | municipal or county ordinance. The report shall include the | 14 | | basis for
detaining the child, circumstances surrounding the | 15 | | events which led to the
child's detention, and status of | 16 | | proceedings. The report shall be updated as
appropriate to |
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| 1 | | notify the principal of developments and the disposition of the
| 2 | | matter.
| 3 | | The information derived thereby shall be kept separate from | 4 | | and shall
not become a part of the official school record of | 5 | | such child and shall not
be a public record. Such information | 6 | | shall be used solely by the appropriate school official or | 7 | | officials principal,
counselors and teachers of the school to | 8 | | aid in the proper rehabilitation
of the child and to protect | 9 | | the safety of students and employees in the
school.
| 10 | | (Source: P.A. 89-610, eff. 8-6-96.)
| 11 | | Section 10. The Juvenile Court Act of 1987 is amended by | 12 | | changing Sections 1-7 and 5-905 as follows:
| 13 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 14 | | Sec. 1-7. Confidentiality of law enforcement records.
| 15 | | (A) Inspection and copying of law enforcement records | 16 | | maintained by law
enforcement agencies that relate to a minor | 17 | | who has been arrested or taken
into custody before his or her | 18 | | 17th birthday shall be restricted to the
following:
| 19 | | (1) Any local, State or federal law enforcement | 20 | | officers of any
jurisdiction or agency when necessary for | 21 | | the discharge of their official
duties during the | 22 | | investigation or prosecution of a crime or relating to a
| 23 | | minor who has been adjudicated delinquent and there has | 24 | | been a previous finding
that the act which constitutes the |
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| 1 | | previous offense was committed in
furtherance of criminal | 2 | | activities by a criminal street gang, or, when necessary | 3 | | for the discharge of its official duties in connection with | 4 | | a particular investigation of the conduct of a law | 5 | | enforcement officer, an independent agency or its staff | 6 | | created by ordinance and charged by a unit of local | 7 | | government with the duty of investigating the conduct of | 8 | | law enforcement officers. For purposes of
this Section, | 9 | | "criminal street gang" has the meaning ascribed to it in
| 10 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 11 | | Prevention Act.
| 12 | | (2) Prosecutors, probation officers, social workers, | 13 | | or other
individuals assigned by the court to conduct a | 14 | | pre-adjudication or
pre-disposition investigation, and | 15 | | individuals responsible for supervising
or providing | 16 | | temporary or permanent care and custody for minors pursuant | 17 | | to
the order of the juvenile court, when essential to | 18 | | performing their
responsibilities.
| 19 | | (3) Prosecutors and probation officers:
| 20 | | (a) in the course of a trial when institution of | 21 | | criminal proceedings
has been permitted or required | 22 | | under Section 5-805; or
| 23 | | (b) when institution of criminal proceedings has | 24 | | been permitted or required under Section 5-805 and such | 25 | | minor is the
subject
of a proceeding to determine the | 26 | | amount of bail; or
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| 1 | | (c) when criminal proceedings have been permitted
| 2 | | or
required under Section 5-805 and such minor is the | 3 | | subject of a
pre-trial
investigation, pre-sentence | 4 | | investigation, fitness hearing, or proceedings
on an | 5 | | application for probation.
| 6 | | (4) Adult and Juvenile Prisoner Review Board.
| 7 | | (5) Authorized military personnel.
| 8 | | (6) Persons engaged in bona fide research, with the | 9 | | permission of the
Presiding Judge of the Juvenile Court and | 10 | | the chief executive of the respective
law enforcement | 11 | | agency; provided that publication of such research results
| 12 | | in no disclosure of a minor's identity and protects the | 13 | | confidentiality
of the minor's record.
| 14 | | (7) Department of Children and Family Services child | 15 | | protection
investigators acting in their official | 16 | | capacity.
| 17 | | (8) The appropriate school official. | 18 | | (A) Inspection and copying
shall be limited to law | 19 | | enforcement records transmitted to the appropriate
| 20 | | school official or officials by a local law enforcement | 21 | | agency under a reciprocal reporting
system established | 22 | | and maintained between the school district and the | 23 | | local law
enforcement agency under Section 10-20.14 of | 24 | | the School Code concerning a minor
enrolled in a school | 25 | | within the school district who has been arrested or | 26 | | taken
into custody for an offense classified as a |
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| 1 | | felony or a Class A or B misdemeanor. The information | 2 | | derived from the law enforcement records shall be kept | 3 | | separate from and shall not become a part of the | 4 | | official school record of that child and shall not be a | 5 | | public record. The information shall be used solely by | 6 | | the appropriate school official or officials to aid in | 7 | | the proper rehabilitation of the child and to protect | 8 | | the safety of students and employees in the school. any | 9 | | of the following offenses:
| 10 | | (i) unlawful use of weapons under Section 24-1 of | 11 | | 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 2-8 of | 16 | | the Criminal Code
of 1961; or | 17 | | (v) a violation of the Methamphetamine Control and | 18 | | Community Protection Act.
| 19 | | (B) Any information provided to appropriate school | 20 | | officials by local law enforcement officials about a | 21 | | minor who is the subject of a current police | 22 | | investigation shall consist of oral information only, | 23 | | and not written law enforcement records, and shall be | 24 | | used solely by the appropriate school official or | 25 | | officials to protect the safety of students and | 26 | | employees in the school and aid in the proper |
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| 1 | | rehabilitation of the child. The information derived | 2 | | orally from the local law enforcement officials shall | 3 | | be kept separate from and shall not become a part of | 4 | | the official school record of the child and shall not | 5 | | be a public record. This limitation on the use of | 6 | | information about a minor who is the subject of a | 7 | | current police investigation shall in no way limit the | 8 | | use of this information by prosecutors in pursuing | 9 | | criminal charges arising out of the information | 10 | | disclosed during a police investigation of the minor.
| 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 | | (B) (1) Except as provided in paragraph (2), no law | 25 | | enforcement
officer or other person or agency may knowingly | 26 | | transmit to the Department of
Corrections, Adult Division |
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| 1 | | or the Department of State Police or to the Federal
Bureau | 2 | | of Investigation any fingerprint or photograph relating to | 3 | | a minor who
has been arrested or taken into custody before | 4 | | his or her 17th birthday,
unless the court in proceedings | 5 | | under this Act authorizes the transmission or
enters an | 6 | | order under Section 5-805 permitting or requiring the
| 7 | | institution of
criminal proceedings.
| 8 | | (2) Law enforcement officers or other persons or | 9 | | agencies shall transmit
to the Department of State Police | 10 | | copies of fingerprints and descriptions
of all minors who | 11 | | have been arrested or taken into custody before their
17th | 12 | | birthday for the offense of unlawful use of weapons under | 13 | | Article 24 of
the Criminal Code of 1961, a Class X or Class | 14 | | 1 felony, a forcible felony as
defined in Section 2-8 of | 15 | | the Criminal Code of 1961, or a Class 2 or greater
felony | 16 | | under the Cannabis Control Act, the Illinois Controlled | 17 | | Substances Act, the Methamphetamine Control and Community | 18 | | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | 19 | | pursuant to Section 5 of the
Criminal Identification Act. | 20 | | Information reported to the Department pursuant
to this | 21 | | Section may be maintained with records that the Department | 22 | | files
pursuant to Section 2.1 of the Criminal | 23 | | Identification Act. Nothing in this
Act prohibits a law | 24 | | enforcement agency from fingerprinting a minor taken into
| 25 | | custody or arrested before his or her 17th birthday for an | 26 | | offense other than
those listed in this paragraph (2).
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| 1 | | (C) The records of law enforcement officers, or of an | 2 | | independent agency created by ordinance and charged by a unit | 3 | | of local government with the duty of investigating the conduct | 4 | | of law enforcement officers, concerning all minors under
17 | 5 | | years of age must be maintained separate from the records of | 6 | | arrests and
may not be open to public inspection or their | 7 | | contents disclosed to the
public except by order of the court | 8 | | presiding over matters pursuant to this Act or when the | 9 | | institution of criminal
proceedings has been permitted or | 10 | | required under Section
5-805 or such a person has been | 11 | | convicted of a crime and is the
subject of
pre-sentence | 12 | | investigation or proceedings on an application for probation
or | 13 | | when provided by law. For purposes of obtaining documents | 14 | | pursuant to this Section, a civil subpoena is not an order of | 15 | | the court. | 16 | | (1) In cases where the law enforcement, or independent | 17 | | agency, records concern a pending juvenile court case, the | 18 | | party seeking to inspect the records shall provide actual | 19 | | notice to the attorney or guardian ad litem of the minor | 20 | | whose records are sought. | 21 | | (2) In cases where the records concern a juvenile court | 22 | | case that is no longer pending, the party seeking to | 23 | | inspect the records shall provide actual notice to the | 24 | | minor or the minor's parent or legal guardian, and the | 25 | | matter shall be referred to the chief judge presiding over | 26 | | matters pursuant to this Act. |
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| 1 | | (3) In determining whether the records should be | 2 | | available for inspection, the court shall consider the | 3 | | minor's interest in confidentiality and rehabilitation | 4 | | over the moving party's interest in obtaining the | 5 | | information. Any records obtained in violation of this | 6 | | subsection (C) shall not be admissible in any criminal or | 7 | | civil proceeding, or operate to disqualify a minor from | 8 | | subsequently holding public office or securing employment, | 9 | | or operate as a forfeiture of any public benefit, right, | 10 | | privilege, or right to receive any license granted by | 11 | | public authority.
| 12 | | (D) Nothing contained in subsection (C) of this Section | 13 | | shall prohibit
the inspection or disclosure to victims and | 14 | | witnesses of photographs
contained in the records of law | 15 | | enforcement agencies when the
inspection and disclosure is | 16 | | conducted in the presence of a law enforcement
officer for the | 17 | | purpose of the identification or apprehension of any person
| 18 | | subject to the provisions of this Act or for the investigation | 19 | | or
prosecution of any crime.
| 20 | | (E) Law enforcement officers, and personnel 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, may not disclose the identity of | 24 | | any minor
in releasing information to the general public as to | 25 | | the arrest, investigation
or disposition of any case involving | 26 | | a minor.
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| 1 | | (F) Nothing contained in this Section shall prohibit law | 2 | | enforcement
agencies from communicating with each other by | 3 | | letter, memorandum, teletype or
intelligence alert bulletin or | 4 | | other means the identity or other relevant
information | 5 | | pertaining to a person under 17 years of age if there are
| 6 | | reasonable grounds to believe that the person poses a real and | 7 | | present danger
to the safety of the public or law enforcement | 8 | | officers. The information
provided under this subsection (F) | 9 | | shall remain confidential and shall not
be publicly disclosed, | 10 | | except as otherwise allowed by law.
| 11 | | (G) Nothing in this Section shall prohibit the right of a | 12 | | Civil Service
Commission or appointing authority of any state, | 13 | | county or municipality
examining the character and fitness of | 14 | | an applicant for employment with a law
enforcement agency, | 15 | | correctional institution, or fire department
from obtaining | 16 | | and examining the
records of any law enforcement agency | 17 | | relating to any record of the applicant
having been arrested or | 18 | | taken into custody before the applicant's 17th
birthday.
| 19 | | (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| 20 | | (705 ILCS 405/5-905)
| 21 | | Sec. 5-905. Law enforcement records.
| 22 | | (1) Law Enforcement Records.
Inspection and copying of law | 23 | | enforcement records maintained by law enforcement
agencies | 24 | | that relate to a minor who has been arrested or taken into | 25 | | custody
before his or her 17th birthday shall be restricted to |
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| 1 | | the following and when
necessary for the discharge of their | 2 | | official duties:
| 3 | | (a) A judge of the circuit court and members of the | 4 | | staff of the court
designated by the judge;
| 5 | | (b) Law enforcement officers, probation officers or | 6 | | prosecutors or their
staff, or, when necessary for the | 7 | | discharge of its official duties in connection with a | 8 | | particular investigation of the conduct of a law | 9 | | enforcement officer, an independent agency or its staff | 10 | | created by ordinance and charged by a unit of local | 11 | | government with the duty of investigating the conduct of | 12 | | law enforcement officers;
| 13 | | (c) The minor, the minor's parents or legal guardian | 14 | | and their attorneys,
but only when the juvenile has been | 15 | | charged with an offense;
| 16 | | (d) Adult and Juvenile Prisoner Review Boards;
| 17 | | (e) Authorized military personnel;
| 18 | | (f) Persons engaged in bona fide research, with the | 19 | | permission of the
judge of juvenile court and the chief | 20 | | executive of the agency that prepared the
particular | 21 | | recording: provided that publication of such research | 22 | | results in no
disclosure of a minor's identity and protects | 23 | | the confidentiality of the
record;
| 24 | | (g) Individuals responsible for supervising or | 25 | | providing temporary or
permanent care and custody of minors | 26 | | pursuant to orders of the juvenile court
or directives from |
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| 1 | | officials of the Department of Children and Family
Services | 2 | | or the Department of Human Services who certify in writing | 3 | | that the
information will not be disclosed to any other | 4 | | party except as provided under
law or order of court;
| 5 | | (h) The appropriate school official. | 6 | | (A) Inspection and copying
shall be limited to law | 7 | | enforcement records transmitted to the appropriate
| 8 | | school official or officials by a local law enforcement | 9 | | agency under a reciprocal reporting
system established | 10 | | and maintained between the school district and the | 11 | | local law
enforcement agency under Section 10-20.14 of | 12 | | the School Code concerning a minor
enrolled in a school | 13 | | within the school district who has been arrested
or | 14 | | taken into custody for any offense classified as a | 15 | | felony or a Class A or B misdemeanor. The information | 16 | | derived from the law enforcement records shall be kept | 17 | | separate from and shall not become a part of the | 18 | | official school record of that child and shall not be a | 19 | | public record. The information shall be used solely by | 20 | | the appropriate school official or officials to aid in | 21 | | the proper rehabilitation of the child and to protect | 22 | | the safety of students and employees in the school. | 23 | | (B) Any information provided to appropriate school | 24 | | officials by local law enforcement officials about a | 25 | | minor who is the subject of a current police | 26 | | investigation shall consist of oral information only, |
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| 1 | | and not written law enforcement records, and shall be | 2 | | used solely by the appropriate school official or | 3 | | officials to protect the safety of students and | 4 | | employees in the school and aid in the proper | 5 | | rehabilitation of the child. The information derived | 6 | | orally from the local law enforcement officials shall | 7 | | be kept separate from and shall not become a part of | 8 | | the official school record of the child and shall not | 9 | | be a public record. This limitation on the use of | 10 | | information about a minor who is the subject of a | 11 | | current police investigation shall in no way limit the | 12 | | use of this information by prosecutors in pursuing | 13 | | criminal charges arising out of the information | 14 | | disclosed during a police investigation of the minor.
| 15 | | (2) Information identifying victims and alleged victims of | 16 | | sex offenses,
shall not be disclosed or open to public | 17 | | inspection under any circumstances.
Nothing in this Section | 18 | | shall prohibit the victim or alleged victim of any sex
offense | 19 | | from voluntarily disclosing his or her identity.
| 20 | | (2.5) If the minor is a victim of aggravated battery, | 21 | | battery, attempted first degree murder, or other non-sexual | 22 | | violent offense, the identity of the victim may be disclosed to | 23 | | appropriate school officials, for the purpose of preventing | 24 | | foreseeable future violence involving minors, by a local law | 25 | | enforcement agency pursuant to an agreement established | 26 | | between the school district and a local law enforcement agency |
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| 1 | | subject to the approval by the presiding judge of the juvenile | 2 | | court. | 3 | | (3) Relevant information, reports and records shall be made | 4 | | available to the
Department of Juvenile Justice when a juvenile | 5 | | offender has been placed in the
custody of the Department of | 6 | | Juvenile Justice.
| 7 | | (4) Nothing in this Section shall prohibit the inspection | 8 | | or disclosure to
victims and witnesses of photographs contained | 9 | | in the records of law
enforcement agencies when the inspection | 10 | | or disclosure is conducted in the
presence of a law enforcement | 11 | | officer for purposes of identification or
apprehension of any | 12 | | person in the course of any criminal investigation or
| 13 | | prosecution.
| 14 | | (5) The records of law enforcement officers, or of an | 15 | | independent agency created by ordinance and charged by a unit | 16 | | of local government with the duty of investigating the conduct | 17 | | of law enforcement officers, concerning all minors under
17 | 18 | | years of age must be maintained separate from the records of | 19 | | adults and
may not be open to public inspection or their | 20 | | contents disclosed to the
public except by order of the court | 21 | | or when the institution of criminal
proceedings has been | 22 | | permitted under Section 5-130 or 5-805 or required
under | 23 | | Section
5-130 or 5-805 or such a person has been convicted of a | 24 | | crime and is the
subject of
pre-sentence investigation or when | 25 | | provided by law.
| 26 | | (6) Except as otherwise provided in this subsection (6), |
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| 1 | | law enforcement
officers, and personnel of an independent | 2 | | agency created by ordinance and charged by a unit of local | 3 | | government with the duty of investigating the conduct of law | 4 | | enforcement officers, may not disclose the identity of any | 5 | | minor
in releasing information to the general public as to the | 6 | | arrest, investigation
or disposition of any case involving a | 7 | | minor.
Any victim or parent or legal guardian of a victim may | 8 | | petition the court to
disclose the name and address of the | 9 | | minor and the minor's parents or legal
guardian, or both. Upon | 10 | | a finding by clear and convincing evidence that the
disclosure | 11 | | is either necessary for the victim to pursue a civil remedy | 12 | | against
the minor or the minor's parents or legal guardian, or | 13 | | both, or to protect the
victim's person or property from the | 14 | | minor, then the court may order the
disclosure of the | 15 | | information to the victim or to the parent or legal guardian
of | 16 | | the victim only for the purpose of the victim pursuing a civil | 17 | | remedy
against the minor or the minor's parents or legal | 18 | | guardian, or both, or to
protect the victim's person or | 19 | | property from the minor.
| 20 | | (7) Nothing contained in this Section shall prohibit law | 21 | | enforcement
agencies when acting in their official capacity | 22 | | from communicating with each
other by letter, memorandum, | 23 | | teletype or
intelligence alert bulletin or other means the | 24 | | identity or other relevant
information pertaining to a person | 25 | | under 17 years of age. The information
provided under this | 26 | | subsection (7) shall remain confidential and shall not
be |
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| 1 | | publicly disclosed, except as otherwise allowed by law.
| 2 | | (8) No person shall disclose information under this Section | 3 | | except when
acting in his or her official capacity and as | 4 | | provided by law or order of
court.
| 5 | | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)".
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