Full Text of HB5602 97th General Assembly
HB5602ham003 97TH GENERAL ASSEMBLY | Rep. Carol A. Sente Filed: 3/15/2012
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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 whom the school has determined to have a legitimate | 8 | | educational or safety interest principal,
counselors and | 9 | | teachers of the school to aid in the proper rehabilitation
of | 10 | | the child and to protect the safety of students and employees | 11 | | in the
school.
| 12 | | (Source: P.A. 89-610, eff. 8-6-96.)
| 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)
| 16 | | Sec. 1-7. Confidentiality of law enforcement records.
| 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:
| 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.
| 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.
| 19 | | (8) The appropriate school official. | 20 | | (A) Inspection and copying
shall be limited to law | 21 | | enforcement records transmitted to the appropriate
| 22 | | school official or officials whom the school has | 23 | | determined to have a legitimate educational or safety | 24 | | interest by a local law enforcement agency under a | 25 | | reciprocal reporting
system established and maintained | 26 | | between the school district and the local law
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| 1 | | enforcement agency under Section 10-20.14 of the | 2 | | School Code concerning a minor
enrolled in a school | 3 | | within the school district who has been arrested or | 4 | | taken
into custody for an offense classified as a | 5 | | felony or a Class A or B misdemeanor. The information | 6 | | derived from the law enforcement records shall be kept | 7 | | separate from and shall not become a part of the | 8 | | official school record of that child and shall not be a | 9 | | public record. The information shall be used solely by | 10 | | the appropriate school official or officials whom the | 11 | | school has determined to have a legitimate educational | 12 | | or safety interest to aid in the proper rehabilitation | 13 | | of the child and to protect the safety of students and | 14 | | employees in the school. any of the following offenses:
| 15 | | (i) unlawful use of weapons under Section 24-1 of | 16 | | the Criminal Code of
1961;
| 17 | | (ii) a violation of the Illinois Controlled | 18 | | Substances Act;
| 19 | | (iii) a violation of the Cannabis Control Act;
| 20 | | (iv) a forcible felony as defined in Section 2-8 of | 21 | | the Criminal Code
of 1961; or | 22 | | (v) a violation of the Methamphetamine Control and | 23 | | Community Protection Act.
| 24 | | (B) Any information provided to appropriate school | 25 | | officials whom the school has determined to have a | 26 | | legitimate educational or safety interest by local law |
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| 1 | | enforcement officials about a minor who is the subject | 2 | | of a current police investigation that is directly | 3 | | related to school safety shall consist of oral | 4 | | information only, and not written law enforcement | 5 | | records, and shall be used solely by the appropriate | 6 | | school official or officials to protect the safety of | 7 | | students and employees in the school and aid in the | 8 | | proper rehabilitation of the child. The information | 9 | | derived orally from the local law enforcement | 10 | | officials shall be kept separate from and shall not | 11 | | become a part of the official school record of the | 12 | | child and shall not be a public record. This limitation | 13 | | on the use of information about a minor who is the | 14 | | subject of a current police investigation shall in no | 15 | | way limit the use of this information by prosecutors in | 16 | | pursuing criminal charges arising out of the | 17 | | information disclosed during a police investigation of | 18 | | the minor.
| 19 | | (9) Mental health professionals on behalf of the | 20 | | Illinois Department of
Corrections or the Department of | 21 | | Human Services or prosecutors who are
evaluating, | 22 | | prosecuting, or investigating a potential or actual | 23 | | petition
brought
under the Sexually Violent Persons | 24 | | Commitment Act relating to a person who is
the
subject of | 25 | | juvenile law enforcement records or the respondent to a | 26 | | petition
brought under the Sexually Violent Persons |
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| 1 | | Commitment Act who is the subject of
the
juvenile law | 2 | | enforcement records sought.
Any records and any | 3 | | information obtained from those records under this
| 4 | | paragraph (9) may be used only in sexually violent persons | 5 | | commitment
proceedings.
| 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, |
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| 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 |
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| 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 |
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| 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.
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| 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 |
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| 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. | 14 | | (A) Inspection and copying
shall be limited to law | 15 | | enforcement records transmitted to the appropriate
| 16 | | school official or officials whom the school has | 17 | | determined to have a legitimate educational or safety | 18 | | interest by a local law enforcement agency under a | 19 | | reciprocal reporting
system established and maintained | 20 | | between the school district and the local law
| 21 | | enforcement agency under Section 10-20.14 of the | 22 | | School Code concerning a minor
enrolled in a school | 23 | | within the school district who has been arrested
or | 24 | | taken into custody for any offense classified as a | 25 | | felony or a Class A or B misdemeanor. The information | 26 | | derived from the law enforcement records shall be kept |
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| 1 | | separate from and shall not become a part of the | 2 | | official school record of that child and shall not be a | 3 | | public record. The information shall be used solely by | 4 | | the appropriate school official or officials whom the | 5 | | school has determined to have a legitimate educational | 6 | | or safety interest to aid in the proper rehabilitation | 7 | | of the child and to protect the safety of students and | 8 | | employees in the school. | 9 | | (B) Any information provided to appropriate school | 10 | | officials whom the school has determined to have a | 11 | | legitimate educational or safety interest by local law | 12 | | enforcement officials about a minor who is the subject | 13 | | of a current police investigation that is directly | 14 | | related to school safety shall consist of oral | 15 | | information only, and not written law enforcement | 16 | | records, and shall be used solely by the appropriate | 17 | | school official or officials to protect the safety of | 18 | | students and employees in the school and aid in the | 19 | | proper rehabilitation of the child. The information | 20 | | derived orally from the local law enforcement | 21 | | officials shall be kept separate from and shall not | 22 | | become a part of the official school record of the | 23 | | child and shall not be a public record. This limitation | 24 | | on the use of information about a minor who is the | 25 | | subject of a current police investigation shall in no | 26 | | way limit the use of this information by prosecutors in |
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| 1 | | pursuing criminal charges arising out of the | 2 | | information disclosed during a police investigation of | 3 | | the minor.
| 4 | | (2) Information identifying victims and alleged victims of | 5 | | sex offenses,
shall not be disclosed or open to public | 6 | | inspection under any circumstances.
Nothing in this Section | 7 | | shall prohibit the victim or alleged victim of any sex
offense | 8 | | from voluntarily disclosing his or her identity.
| 9 | | (2.5) If the minor is a victim of aggravated battery, | 10 | | battery, attempted first degree murder, or other non-sexual | 11 | | violent offense, the identity of the victim may be disclosed to | 12 | | appropriate school officials, for the purpose of preventing | 13 | | foreseeable future violence involving minors, by a local law | 14 | | enforcement agency pursuant to an agreement established | 15 | | between the school district and a local law enforcement agency | 16 | | subject to the approval by the presiding judge of the juvenile | 17 | | court. | 18 | | (3) Relevant information, reports and records shall be made | 19 | | available to the
Department of Juvenile Justice when a juvenile | 20 | | offender has been placed in the
custody of the Department of | 21 | | Juvenile Justice.
| 22 | | (4) Nothing in this Section shall prohibit the inspection | 23 | | or disclosure to
victims and witnesses of photographs contained | 24 | | in the records of law
enforcement agencies when the inspection | 25 | | or disclosure is conducted in the
presence of a law enforcement | 26 | | officer for purposes of identification or
apprehension of any |
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| 1 | | person in the course of any criminal investigation or
| 2 | | prosecution.
| 3 | | (5) The records of law enforcement officers, or 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, concerning all minors under
17 | 7 | | years of age must be maintained separate from the records of | 8 | | adults and
may not be open to public inspection or their | 9 | | contents disclosed to the
public except by order of the court | 10 | | or when the institution of criminal
proceedings has been | 11 | | permitted under Section 5-130 or 5-805 or required
under | 12 | | Section
5-130 or 5-805 or such a person has been convicted of a | 13 | | crime and is the
subject of
pre-sentence investigation or when | 14 | | provided by law.
| 15 | | (6) Except as otherwise provided in this subsection (6), | 16 | | law enforcement
officers, and personnel of an independent | 17 | | agency created by ordinance and charged by a unit of local | 18 | | government with the duty of investigating the conduct of law | 19 | | enforcement officers, may not disclose the identity of any | 20 | | minor
in releasing information to the general public as to the | 21 | | arrest, investigation
or disposition of any case involving a | 22 | | minor.
Any victim or parent or legal guardian of a victim may | 23 | | petition the court to
disclose the name and address of the | 24 | | minor and the minor's parents or legal
guardian, or both. Upon | 25 | | a finding by clear and convincing evidence that the
disclosure | 26 | | is either necessary for the victim to pursue a civil remedy |
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| 1 | | against
the minor or the minor's parents or legal guardian, or | 2 | | both, or to protect the
victim's person or property from the | 3 | | minor, then the court may order the
disclosure of the | 4 | | information to the victim or to the parent or legal guardian
of | 5 | | the victim only for the purpose of the victim pursuing a civil | 6 | | remedy
against the minor or the minor's parents or legal | 7 | | guardian, or both, or to
protect the victim's person or | 8 | | property from the minor.
| 9 | | (7) Nothing contained in this Section shall prohibit law | 10 | | enforcement
agencies when acting in their official capacity | 11 | | from communicating with each
other by letter, memorandum, | 12 | | teletype or
intelligence alert bulletin or other means the | 13 | | identity or other relevant
information pertaining to a person | 14 | | under 17 years of age. The information
provided under this | 15 | | subsection (7) shall remain confidential and shall not
be | 16 | | publicly disclosed, except as otherwise allowed by law.
| 17 | | (8) No person shall disclose information under this Section | 18 | | except when
acting in his or her official capacity and as | 19 | | provided by law or order of
court.
| 20 | | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)".
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