Full Text of HB3303 99th General Assembly
HB3303ham003 99TH GENERAL ASSEMBLY | Rep. Pamela Reaves-Harris Filed: 4/17/2015
| | 09900HB3303ham003 | | LRB099 05805 JWD 34271 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3303
| 2 | | AMENDMENT NO. ______. Amend House Bill 3303 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2.15 and 7.5 as follows: | 6 | | (5 ILCS 140/2.15)
| 7 | | Sec. 2.15. Arrest reports and criminal history records. | 8 | | (a) Arrest reports. The following chronologically | 9 | | maintained arrest and criminal history information maintained | 10 | | by State or local criminal justice agencies shall be furnished | 11 | | as soon as practical, but in no event later than 72 hours after | 12 | | the arrest, notwithstanding the time limits otherwise provided | 13 | | for in Section 3 of this Act: (i) information that identifies | 14 | | the individual, including the name, age, address, and | 15 | | photograph, when and if available; (ii) information detailing | 16 | | any charges relating to the arrest; (iii) the time and location |
| | | 09900HB3303ham003 | - 2 - | LRB099 05805 JWD 34271 a |
|
| 1 | | of the arrest; (iv) the name of the investigating or arresting | 2 | | law enforcement agency; (v) if the individual is incarcerated, | 3 | | the amount of any bail or bond; and (vi) if the individual is | 4 | | incarcerated, the time and date that the individual was | 5 | | received into, discharged from, or transferred from the | 6 | | arresting agency's custody. | 7 | | (b) Criminal history records. The following documents | 8 | | maintained by a public body pertaining to
criminal history | 9 | | record information are public records subject to inspection and | 10 | | copying by the
public pursuant to this Act: (i) court records | 11 | | that are public; (ii) records that are otherwise
available | 12 | | under State or local law; and (iii) records in which the | 13 | | requesting party is the individual
identified, except as | 14 | | provided under Section 7(1)(d)(vi). | 15 | | (c) Information described in items (iii) through (vi) of | 16 | | subsection (a) may be withheld if it is
determined that | 17 | | disclosure would: (i) interfere with pending or actually and | 18 | | reasonably contemplated law enforcement proceedings conducted | 19 | | by any law enforcement agency; (ii) endanger the life or | 20 | | physical safety of law enforcement or correctional personnel or | 21 | | any other person; or (iii) compromise the security of any | 22 | | correctional facility. | 23 | | (d) The provisions of this Section do not supersede the | 24 | | confidentiality provisions for law enforcement or arrest | 25 | | records of the Juvenile Court Act of 1987.
| 26 | | (Source: P.A. 96-542, eff. 1-1-10.) |
| | | 09900HB3303ham003 | - 3 - | LRB099 05805 JWD 34271 a |
|
| 1 | | (5 ILCS 140/7.5) | 2 | | Sec. 7.5. Statutory exemptions Exemptions . To the extent | 3 | | provided for by the statutes referenced below, the following | 4 | | shall be exempt from inspection and copying: | 5 | | (a) All information determined to be confidential | 6 | | under Section 4002 of the Technology Advancement and | 7 | | Development Act. | 8 | | (b) Library circulation and order records identifying | 9 | | library users with specific materials under the Library | 10 | | Records Confidentiality Act. | 11 | | (c) Applications, related documents, and medical | 12 | | records received by the Experimental Organ Transplantation | 13 | | Procedures Board and any and all documents or other records | 14 | | prepared by the Experimental Organ Transplantation | 15 | | Procedures Board or its staff relating to applications it | 16 | | has received. | 17 | | (d) Information and records held by the Department of | 18 | | Public Health and its authorized representatives relating | 19 | | to known or suspected cases of sexually transmissible | 20 | | disease or any information the disclosure of which is | 21 | | restricted under the Illinois Sexually Transmissible | 22 | | Disease Control Act. | 23 | | (e) Information the disclosure of which is exempted | 24 | | under Section 30 of the Radon Industry Licensing Act. | 25 | | (f) Firm performance evaluations under Section 55 of |
| | | 09900HB3303ham003 | - 4 - | LRB099 05805 JWD 34271 a |
|
| 1 | | the Architectural, Engineering, and Land Surveying | 2 | | Qualifications Based Selection Act. | 3 | | (g) Information the disclosure of which is restricted | 4 | | and exempted under Section 50 of the Illinois Prepaid | 5 | | Tuition Act. | 6 | | (h) Information the disclosure of which is exempted | 7 | | under the State Officials and Employees Ethics Act, and | 8 | | records of any lawfully created State or local inspector | 9 | | general's office that would be exempt if created or | 10 | | obtained by an Executive Inspector General's office under | 11 | | that Act. | 12 | | (i) Information contained in a local emergency energy | 13 | | plan submitted to a municipality in accordance with a local | 14 | | emergency energy plan ordinance that is adopted under | 15 | | Section 11-21.5-5 of the Illinois Municipal Code. | 16 | | (j) Information and data concerning the distribution | 17 | | of surcharge moneys collected and remitted by wireless | 18 | | carriers under the Wireless Emergency Telephone Safety | 19 | | Act. | 20 | | (k) Law enforcement officer identification information | 21 | | or driver identification information compiled by a law | 22 | | enforcement agency or the Department of Transportation | 23 | | under Section 11-212 of the Illinois Vehicle Code. | 24 | | (l) Records and information provided to a residential | 25 | | health care facility resident sexual assault and death | 26 | | review team or the Executive Council under the Abuse |
| | | 09900HB3303ham003 | - 5 - | LRB099 05805 JWD 34271 a |
|
| 1 | | Prevention Review Team Act. | 2 | | (m) Information provided to the predatory lending | 3 | | database created pursuant to Article 3 of the Residential | 4 | | Real Property Disclosure Act, except to the extent | 5 | | authorized under that Article. | 6 | | (n) Defense budgets and petitions for certification of | 7 | | compensation and expenses for court appointed trial | 8 | | counsel as provided under Sections 10 and 15 of the Capital | 9 | | Crimes Litigation Act. This subsection (n) shall apply | 10 | | until the conclusion of the trial of the case, even if the | 11 | | prosecution chooses not to pursue the death penalty prior | 12 | | to trial or sentencing. | 13 | | (o) Information that is prohibited from being | 14 | | disclosed under Section 4 of the Illinois Health and | 15 | | Hazardous Substances Registry Act. | 16 | | (p) Security portions of system safety program plans, | 17 | | investigation reports, surveys, schedules, lists, data, or | 18 | | information compiled, collected, or prepared by or for the | 19 | | Regional Transportation Authority under Section 2.11 of | 20 | | the Regional Transportation Authority Act or the St. Clair | 21 | | County Transit District under the Bi-State Transit Safety | 22 | | Act. | 23 | | (q) Information prohibited from being disclosed by the | 24 | | Personnel Records Review Act. | 25 | | (r) Information prohibited from being disclosed by the | 26 | | Illinois School Student Records Act. |
| | | 09900HB3303ham003 | - 6 - | LRB099 05805 JWD 34271 a |
|
| 1 | | (s) Information the disclosure of which is restricted | 2 | | under Section 5-108 of the Public Utilities Act.
| 3 | | (t) All identified or deidentified health information | 4 | | in the form of health data or medical records contained in, | 5 | | stored in, submitted to, transferred by, or released from | 6 | | the Illinois Health Information Exchange, and identified | 7 | | or deidentified health information in the form of health | 8 | | data and medical records of the Illinois Health Information | 9 | | Exchange in the possession of the Illinois Health | 10 | | Information Exchange Authority due to its administration | 11 | | of the Illinois Health Information Exchange. The terms | 12 | | "identified" and "deidentified" shall be given the same | 13 | | meaning as in the Health Insurance Accountability and | 14 | | Portability Act of 1996, Public Law 104-191, or any | 15 | | subsequent amendments thereto, and any regulations | 16 | | promulgated thereunder. | 17 | | (u) Records and information provided to an independent | 18 | | team of experts under Brian's Law. | 19 | | (v) Names and information of people who have applied | 20 | | for or received Firearm Owner's Identification Cards under | 21 | | the Firearm Owners Identification Card Act or applied for | 22 | | or received a concealed carry license under the Firearm | 23 | | Concealed Carry Act, unless otherwise authorized by the | 24 | | Firearm Concealed Carry Act; and databases under the | 25 | | Firearm Concealed Carry Act, records of the Concealed Carry | 26 | | Licensing Review Board under the Firearm Concealed Carry |
| | | 09900HB3303ham003 | - 7 - | LRB099 05805 JWD 34271 a |
|
| 1 | | Act, and law enforcement agency objections under the | 2 | | Firearm Concealed Carry Act. | 3 | | (w) Personally identifiable information which is | 4 | | exempted from disclosure under subsection (g) of Section | 5 | | 19.1 of the Toll Highway Act. | 6 | | (x) Information which is exempted from disclosure | 7 | | under Section 5-1014.3 of the Counties Code or Section | 8 | | 8-11-21 of the Illinois Municipal Code. | 9 | | (y) Confidential information under the Adult | 10 | | Protective Services Act and its predecessor enabling | 11 | | statute, the Elder Abuse and Neglect Act, including | 12 | | information about the identity and administrative finding | 13 | | against any caregiver of a verified and substantiated | 14 | | decision of abuse, neglect, or financial exploitation of an | 15 | | eligible adult maintained in the Registry established | 16 | | under Section 7.5 of the Adult Protective Services Act . | 17 | | (z) Records and information provided to a fatality | 18 | | review team or the Illinois Fatality Review Team Advisory | 19 | | Council under Section 15 of the Adult Protective Services | 20 | | Act. | 21 | | (aa) Information which is exempted from disclosure | 22 | | under Section 2.37 of the Wildlife Code. | 23 | | (bb) Information which is or was prohibited from | 24 | | disclosure by the Juvenile Court Act of 1987. | 25 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | 26 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
| | | 09900HB3303ham003 | - 8 - | LRB099 05805 JWD 34271 a |
|
| 1 | | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, | 2 | | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.) | 3 | | Section 10. The Juvenile Court Act of 1987 is amended by | 4 | | changing Sections 1-7 and 5-905 as follows:
| 5 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 6 | | Sec. 1-7. Confidentiality of law enforcement records.
| 7 | | (A) Inspection and copying of law enforcement records | 8 | | maintained by law
enforcement agencies that relate to a minor | 9 | | who has been investigated, arrested , or taken
into custody | 10 | | before his or her 18th birthday shall be restricted to the
| 11 | | following:
| 12 | | (1) Any local, State or federal law enforcement | 13 | | officers of any
jurisdiction or agency when necessary for | 14 | | the discharge of their official
duties during the | 15 | | investigation or prosecution of a crime or relating to a
| 16 | | minor who has been adjudicated delinquent and there has | 17 | | been a previous finding
that the act which constitutes the | 18 | | previous offense was committed in
furtherance of criminal | 19 | | activities by a criminal street gang, or, when necessary | 20 | | for the discharge of its official duties in connection with | 21 | | a particular investigation of the conduct of a law | 22 | | enforcement officer, an independent agency or its staff | 23 | | created by ordinance and charged by a unit of local | 24 | | government with the duty of investigating the conduct of |
| | | 09900HB3303ham003 | - 9 - | LRB099 05805 JWD 34271 a |
|
| 1 | | law enforcement officers. For purposes of
this Section, | 2 | | "criminal street gang" has the meaning ascribed to it in
| 3 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 4 | | Prevention Act.
| 5 | | (2) Prosecutors, probation officers, social workers, | 6 | | or other
individuals assigned by the court to conduct a | 7 | | pre-adjudication or
pre-disposition investigation, and | 8 | | individuals responsible for supervising
or providing | 9 | | temporary or permanent care and custody for minors pursuant | 10 | | to
the order of the juvenile court, when essential to | 11 | | performing their
responsibilities.
| 12 | | (3) Prosecutors and probation officers:
| 13 | | (a) in the course of a trial when institution of | 14 | | criminal proceedings
has been permitted or required | 15 | | under Section 5-805; or
| 16 | | (b) when institution of criminal proceedings has | 17 | | been permitted or required under Section 5-805 and such | 18 | | minor is the
subject
of a proceeding to determine the | 19 | | amount of bail; or
| 20 | | (c) when criminal proceedings have been permitted
| 21 | | or
required under Section 5-805 and such minor is the | 22 | | subject of a
pre-trial
investigation, pre-sentence | 23 | | investigation, fitness hearing, or proceedings
on an | 24 | | application for probation.
| 25 | | (4) Adult and Juvenile Prisoner Review Board.
| 26 | | (5) Authorized military personnel.
|
| | | 09900HB3303ham003 | - 10 - | LRB099 05805 JWD 34271 a |
|
| 1 | | (6) Persons engaged in bona fide research, with the | 2 | | permission of the
Presiding Judge of the Juvenile Court and | 3 | | the chief executive of the respective
law enforcement | 4 | | agency; provided that publication of such research results
| 5 | | in no disclosure of a minor's identity and protects the | 6 | | confidentiality
of the minor's record.
| 7 | | (7) Department of Children and Family Services child | 8 | | protection
investigators acting in their official | 9 | | capacity.
| 10 | | (8) The appropriate school official only if the agency | 11 | | or officer believes that there is an imminent threat of | 12 | | physical harm to students, school personnel, or others who | 13 | | are present in the school or on school grounds. | 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 of the following offenses:
| 25 | | (i) any violation of Article 24 of the Criminal | 26 | | Code of
1961 or the Criminal Code of 2012;
|
| | | 09900HB3303ham003 | - 11 - | LRB099 05805 JWD 34271 a |
|
| 1 | | (ii) a violation of the Illinois Controlled | 2 | | Substances Act;
| 3 | | (iii) a violation of the Cannabis Control Act;
| 4 | | (iv) a forcible felony as defined in Section | 5 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 6 | | Code of 2012; | 7 | | (v) a violation of the Methamphetamine Control | 8 | | and Community Protection Act;
| 9 | | (vi) a violation of Section 1-2 of the | 10 | | Harassing and Obscene Communications Act; | 11 | | (vii) a violation of the Hazing Act; or | 12 | | (viii) a violation of Section 12-1, 12-2, | 13 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 14 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012. | 16 | | The information derived from the law enforcement | 17 | | records shall be kept separate from and shall not | 18 | | become a part of the official school record of that | 19 | | child and shall not be a public record. The information | 20 | | shall be used solely by the appropriate school official | 21 | | or officials whom the school has determined to have a | 22 | | legitimate educational or safety interest to aid in the | 23 | | proper rehabilitation of the child and to protect the | 24 | | safety of students and employees in the school. If the | 25 | | designated law enforcement and school officials deem | 26 | | it to be in the best interest of the minor, the student |
| | | 09900HB3303ham003 | - 12 - | LRB099 05805 JWD 34271 a |
|
| 1 | | may be referred to in-school or community based social | 2 | | services if those services are available. | 3 | | "Rehabilitation services" may include interventions by | 4 | | school support personnel, evaluation for eligibility | 5 | | for special education, referrals to community-based | 6 | | agencies such as youth services, behavioral healthcare | 7 | | service providers, drug and alcohol prevention or | 8 | | treatment programs, and other interventions as deemed | 9 | | appropriate for the student. | 10 | | (B) Any information provided to appropriate school | 11 | | officials whom the school has determined to have a | 12 | | legitimate educational or safety interest by local law | 13 | | enforcement officials about a minor who is the subject | 14 | | of a current police investigation that is directly | 15 | | related to school safety shall consist of oral | 16 | | information only, and not written law enforcement | 17 | | records, and shall be used solely by the appropriate | 18 | | school official or officials to protect the safety of | 19 | | students and employees in the school and aid in the | 20 | | proper rehabilitation of the child. The information | 21 | | derived orally from the local law enforcement | 22 | | officials shall be kept separate from and shall not | 23 | | become a part of the official school record of the | 24 | | child and shall not be a public record. This limitation | 25 | | on the use of information about a minor who is the | 26 | | subject of a current police investigation shall in no |
| | | 09900HB3303ham003 | - 13 - | LRB099 05805 JWD 34271 a |
|
| 1 | | way limit the use of this information by prosecutors in | 2 | | pursuing criminal charges arising out of the | 3 | | information disclosed during a police investigation of | 4 | | the minor. For purposes of this paragraph, | 5 | | "investigation" means an official systematic inquiry | 6 | | by a law enforcement agency into actual or suspected | 7 | | criminal activity.
| 8 | | (9) Mental health professionals on behalf of the | 9 | | Illinois Department of
Corrections or the Department of | 10 | | Human Services or prosecutors who are
evaluating, | 11 | | prosecuting, or investigating a potential or actual | 12 | | petition
brought
under the Sexually Violent Persons | 13 | | Commitment Act relating to a person who is
the
subject of | 14 | | juvenile law enforcement records or the respondent to a | 15 | | petition
brought under the Sexually Violent Persons | 16 | | Commitment Act who is the subject of
the
juvenile law | 17 | | enforcement records sought.
Any records and any | 18 | | information obtained from those records under this
| 19 | | paragraph (9) may be used only in sexually violent persons | 20 | | commitment
proceedings.
| 21 | | (10) The president of a park district. Inspection and | 22 | | copying shall be limited to law enforcement records | 23 | | transmitted to the president of the park district by the | 24 | | Illinois State Police under Section 8-23 of the Park | 25 | | District Code or Section 16a-5 of the Chicago Park District | 26 | | Act concerning a person who is seeking employment with that |
| | | 09900HB3303ham003 | - 14 - | LRB099 05805 JWD 34271 a |
|
| 1 | | park district and who has been adjudicated a juvenile | 2 | | delinquent for any of the offenses listed in subsection (c) | 3 | | of Section 8-23 of the Park District Code or subsection (c) | 4 | | of Section 16a-5 of the Chicago Park District Act.
| 5 | | (B)(1) Except as provided in paragraph (2), no law | 6 | | enforcement
officer or other person or agency may knowingly | 7 | | transmit to the Department of
Corrections or the Department | 8 | | of State Police or to the Federal
Bureau of Investigation | 9 | | any fingerprint or photograph relating to a minor who
has | 10 | | been arrested or taken into custody before his or her 18th | 11 | | birthday,
unless the court in proceedings under this Act | 12 | | authorizes the transmission or
enters an order under | 13 | | Section 5-805 permitting or requiring the
institution of
| 14 | | criminal proceedings.
| 15 | | (2) Law enforcement officers or other persons or | 16 | | agencies shall transmit
to the Department of State Police | 17 | | copies of fingerprints and descriptions
of all minors who | 18 | | have been arrested or taken into custody before their
18th | 19 | | birthday for the offense of unlawful use of weapons under | 20 | | Article 24 of
the Criminal Code of 1961 or the Criminal | 21 | | Code of 2012, a Class X or Class 1 felony, a forcible | 22 | | felony as
defined in Section 2-8 of the Criminal Code of | 23 | | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| 24 | | felony under the Cannabis Control Act, the Illinois | 25 | | Controlled Substances Act, the Methamphetamine Control and | 26 | | Community Protection Act,
or Chapter 4 of the Illinois |
| | | 09900HB3303ham003 | - 15 - | LRB099 05805 JWD 34271 a |
|
| 1 | | Vehicle Code, pursuant to Section 5 of the
Criminal | 2 | | Identification Act. Information reported to the Department | 3 | | pursuant
to this Section may be maintained with records | 4 | | that the Department files
pursuant to Section 2.1 of the | 5 | | Criminal Identification Act. Nothing in this
Act prohibits | 6 | | a law enforcement agency from fingerprinting a minor taken | 7 | | into
custody or arrested before his or her 18th birthday | 8 | | for an offense other than
those listed in this paragraph | 9 | | (2).
| 10 | | (C) The records of law enforcement officers, or of an | 11 | | independent agency created by ordinance and charged by a unit | 12 | | of local government with the duty of investigating the conduct | 13 | | of law enforcement officers, concerning all minors under
18 | 14 | | years of age must be maintained separate from the records of | 15 | | arrests and
may not be open to public inspection or their | 16 | | contents disclosed to the
public except by order of the court | 17 | | presiding over matters pursuant to this Act or when the | 18 | | institution of criminal
proceedings has been permitted or | 19 | | required under Section
5-805 or such a person has been | 20 | | convicted of a crime and is the
subject of
pre-sentence | 21 | | investigation or proceedings on an application for probation
or | 22 | | when provided by law. For purposes of obtaining documents | 23 | | pursuant to this Section, a civil subpoena is not an order of | 24 | | the court. | 25 | | (1) In cases where the law enforcement, or independent | 26 | | agency, records concern a pending juvenile court case, the |
| | | 09900HB3303ham003 | - 16 - | LRB099 05805 JWD 34271 a |
|
| 1 | | party seeking to inspect the records shall provide actual | 2 | | notice to the attorney or guardian ad litem of the minor | 3 | | whose records are sought. | 4 | | (2) In cases where the records concern a juvenile court | 5 | | case that is no longer pending, the party seeking to | 6 | | inspect the records shall provide actual notice to the | 7 | | minor or the minor's parent or legal guardian, and the | 8 | | matter shall be referred to the chief judge presiding over | 9 | | matters pursuant to this Act. | 10 | | (3) In determining whether the records should be | 11 | | available for inspection, the court shall consider the | 12 | | minor's interest in confidentiality and rehabilitation | 13 | | over the moving party's interest in obtaining the | 14 | | information. Any records obtained in violation of this | 15 | | subsection (C) shall not be admissible in any criminal or | 16 | | civil proceeding, or operate to disqualify a minor from | 17 | | subsequently holding public office or securing employment, | 18 | | or operate as a forfeiture of any public benefit, right, | 19 | | privilege, or right to receive any license granted by | 20 | | public authority.
| 21 | | (D) Nothing contained in subsection (C) of this Section | 22 | | shall prohibit
the inspection or disclosure to victims and | 23 | | witnesses of photographs
contained in the records of law | 24 | | enforcement agencies when the
inspection and disclosure is | 25 | | conducted in the presence of a law enforcement
officer for the | 26 | | purpose of the identification or apprehension of any person
|
| | | 09900HB3303ham003 | - 17 - | LRB099 05805 JWD 34271 a |
|
| 1 | | subject to the provisions of this Act or for the investigation | 2 | | or
prosecution of any crime.
| 3 | | (E) Law enforcement officers, and personnel of an | 4 | | independent agency created by ordinance and charged by a unit | 5 | | of local government with the duty of investigating the conduct | 6 | | of law enforcement officers, may not disclose the identity of | 7 | | any minor
in releasing information to the general public as to | 8 | | the arrest, investigation
or disposition of any case involving | 9 | | a minor.
| 10 | | (F) Nothing contained in this Section shall prohibit law | 11 | | enforcement
agencies from communicating with each other by | 12 | | letter, memorandum, teletype or
intelligence alert bulletin or | 13 | | other means the identity or other relevant
information | 14 | | pertaining to a person under 18 years of age if there are
| 15 | | reasonable grounds to believe that the person poses a real and | 16 | | present danger
to the safety of the public or law enforcement | 17 | | officers. The information
provided under this subsection (F) | 18 | | shall remain confidential and shall not
be publicly disclosed, | 19 | | except as otherwise allowed by law.
| 20 | | (G) Nothing in this Section shall prohibit the right of a | 21 | | Civil Service
Commission or appointing authority of any state, | 22 | | county or municipality
examining the character and fitness of | 23 | | an applicant for employment with a law
enforcement agency, | 24 | | correctional institution, or fire department
from obtaining | 25 | | and examining the
records of any law enforcement agency | 26 | | relating to any record of the applicant
having been arrested or |
| | | 09900HB3303ham003 | - 18 - | LRB099 05805 JWD 34271 a |
|
| 1 | | taken into custody before the applicant's 18th
birthday.
| 2 | | (H) The changes made to this Section by Public Act 98-61 | 3 | | apply to law enforcement records of a minor who has been | 4 | | arrested or taken into custody on or after January 1, 2014 (the | 5 | | effective date of Public Act 98-61). | 6 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | 7 | | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. | 8 | | 1-1-14; 98-756, eff. 7-16-14.)
| 9 | | (705 ILCS 405/5-905)
| 10 | | Sec. 5-905. Law enforcement records.
| 11 | | (1) Law Enforcement Records.
Inspection and copying of law | 12 | | enforcement records maintained by law enforcement
agencies | 13 | | that relate to a minor who has been investigated, arrested , or | 14 | | taken into custody
before his or her 18th birthday shall be | 15 | | restricted to the following and when
necessary for the | 16 | | discharge of their official duties:
| 17 | | (a) A judge of the circuit court and members of the | 18 | | staff of the court
designated by the judge;
| 19 | | (b) Law enforcement officers, probation officers or | 20 | | prosecutors or their
staff, or, when necessary for the | 21 | | discharge of its official duties in connection with a | 22 | | particular investigation of the conduct of a law | 23 | | enforcement officer, an independent agency or its staff | 24 | | created by ordinance and charged by a unit of local | 25 | | government with the duty of investigating the conduct of |
| | | 09900HB3303ham003 | - 19 - | LRB099 05805 JWD 34271 a |
|
| 1 | | law enforcement officers;
| 2 | | (c) The minor, the minor's parents or legal guardian | 3 | | and their attorneys,
but only when the juvenile has been | 4 | | charged with an offense;
| 5 | | (d) Adult and Juvenile Prisoner Review Boards;
| 6 | | (e) Authorized military personnel;
| 7 | | (f) Persons engaged in bona fide research, with the | 8 | | permission of the
judge of juvenile court and the chief | 9 | | executive of the agency that prepared the
particular | 10 | | recording: provided that publication of such research | 11 | | results in no
disclosure of a minor's identity and protects | 12 | | the confidentiality of the
record;
| 13 | | (g) Individuals responsible for supervising or | 14 | | providing temporary or
permanent care and custody of minors | 15 | | pursuant to orders of the juvenile court
or directives from | 16 | | officials of the Department of Children and Family
Services | 17 | | or the Department of Human Services who certify in writing | 18 | | that the
information will not be disclosed to any other | 19 | | party except as provided under
law or order of court;
| 20 | | (h) The appropriate school official only if the agency | 21 | | or officer believes that there is an imminent threat of | 22 | | physical harm to students, school personnel, or others who | 23 | | are present in the school or on school grounds. | 24 | | (A) Inspection and copying
shall be limited to law | 25 | | enforcement records transmitted to the appropriate
| 26 | | school official or officials whom the school has |
| | | 09900HB3303ham003 | - 20 - | LRB099 05805 JWD 34271 a |
|
| 1 | | determined to have a legitimate educational or safety | 2 | | interest by a local law enforcement agency under a | 3 | | reciprocal reporting
system established and maintained | 4 | | between the school district and the local law
| 5 | | enforcement agency under Section 10-20.14 of the | 6 | | School Code concerning a minor
enrolled in a school | 7 | | within the school district who has been arrested
or | 8 | | taken into custody for any of the following offenses: | 9 | | (i) any violation of Article 24 of the Criminal | 10 | | Code of
1961 or the Criminal Code of 2012; | 11 | | (ii) a violation of the Illinois Controlled | 12 | | Substances Act; | 13 | | (iii) a violation of the Cannabis Control Act; | 14 | | (iv) a forcible felony as defined in Section | 15 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 16 | | Code of 2012; | 17 | | (v) a violation of the Methamphetamine Control | 18 | | and Community Protection Act; | 19 | | (vi) a violation of Section 1-2 of the | 20 | | Harassing and Obscene Communications Act; | 21 | | (vii) a violation of the Hazing Act; or | 22 | | (viii) a violation of Section 12-1, 12-2, | 23 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 24 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012. | 26 | | The information derived from the law enforcement |
| | | 09900HB3303ham003 | - 21 - | LRB099 05805 JWD 34271 a |
|
| 1 | | records shall be kept separate from and shall not | 2 | | become a part of the official school record of that | 3 | | child and shall not be a public record. The information | 4 | | shall be used solely by the appropriate school official | 5 | | or officials whom the school has determined to have a | 6 | | legitimate educational or safety interest to aid in the | 7 | | proper rehabilitation of the child and to protect the | 8 | | safety of students and employees in the school. If the | 9 | | designated law enforcement and school officials deem | 10 | | it to be in the best interest of the minor, the student | 11 | | may be referred to in-school or community based social | 12 | | services if those services are available. | 13 | | "Rehabilitation services" may include interventions by | 14 | | school support personnel, evaluation for eligibility | 15 | | for special education, referrals to community-based | 16 | | agencies such as youth services, behavioral healthcare | 17 | | service providers, drug and alcohol prevention or | 18 | | treatment programs, and other interventions as deemed | 19 | | appropriate for the student. | 20 | | (B) Any information provided to appropriate school | 21 | | officials whom the school has determined to have a | 22 | | legitimate educational or safety interest by local law | 23 | | enforcement officials about a minor who is the subject | 24 | | of a current police investigation that is directly | 25 | | related to school safety shall consist of oral | 26 | | information only, and not written law enforcement |
| | | 09900HB3303ham003 | - 22 - | LRB099 05805 JWD 34271 a |
|
| 1 | | records, and shall be used solely by the appropriate | 2 | | school official or officials to protect the safety of | 3 | | students and employees in the school and aid in the | 4 | | proper rehabilitation of the child. The information | 5 | | derived orally from the local law enforcement | 6 | | officials shall be kept separate from and shall not | 7 | | become a part of the official school record of the | 8 | | child and shall not be a public record. This limitation | 9 | | on the use of information about a minor who is the | 10 | | subject of a current police investigation shall in no | 11 | | way limit the use of this information by prosecutors in | 12 | | pursuing criminal charges arising out of the | 13 | | information disclosed during a police investigation of | 14 | | the minor. For purposes of this paragraph, | 15 | | "investigation" means an official systematic inquiry | 16 | | by a law enforcement agency into actual or suspected | 17 | | criminal activity;
| 18 | | (i) The president of a park district. Inspection and | 19 | | copying shall be limited to law enforcement records | 20 | | transmitted to the president of the park district by the | 21 | | Illinois State Police under Section 8-23 of the Park | 22 | | District Code or Section 16a-5 of the Chicago Park District | 23 | | Act concerning a person who is seeking employment with that | 24 | | park district and who has been adjudicated a juvenile | 25 | | delinquent for any of the offenses listed in subsection (c) | 26 | | of Section 8-23 of the Park District Code or subsection (c) |
| | | 09900HB3303ham003 | - 23 - | LRB099 05805 JWD 34271 a |
|
| 1 | | of Section 16a-5 of the Chicago Park District Act. | 2 | | (2) Information identifying victims and alleged victims of | 3 | | sex offenses,
shall not be disclosed or open to public | 4 | | inspection under any circumstances.
Nothing in this Section | 5 | | shall prohibit the victim or alleged victim of any sex
offense | 6 | | from voluntarily disclosing his or her identity.
| 7 | | (2.5) If the minor is a victim of aggravated battery, | 8 | | battery, attempted first degree murder, or other non-sexual | 9 | | violent offense, the identity of the victim may be disclosed to | 10 | | appropriate school officials, for the purpose of preventing | 11 | | foreseeable future violence involving minors, by a local law | 12 | | enforcement agency pursuant to an agreement established | 13 | | between the school district and a local law enforcement agency | 14 | | subject to the approval by the presiding judge of the juvenile | 15 | | court. | 16 | | (3) Relevant information, reports and records shall be made | 17 | | available to the
Department of Juvenile Justice when a juvenile | 18 | | offender has been placed in the
custody of the Department of | 19 | | Juvenile Justice.
| 20 | | (4) Nothing in this Section shall prohibit the inspection | 21 | | or disclosure to
victims and witnesses of photographs contained | 22 | | in the records of law
enforcement agencies when the inspection | 23 | | or disclosure is conducted in the
presence of a law enforcement | 24 | | officer for purposes of identification or
apprehension of any | 25 | | person in the course of any criminal investigation or
| 26 | | prosecution.
|
| | | 09900HB3303ham003 | - 24 - | LRB099 05805 JWD 34271 a |
|
| 1 | | (5) 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
18 | 5 | | years of age must be maintained separate from the records of | 6 | | adults and
may not be open to public inspection or their | 7 | | contents disclosed to the
public except by order of the court | 8 | | or when the institution of criminal
proceedings has been | 9 | | permitted under Section 5-130 or 5-805 or required
under | 10 | | Section
5-130 or 5-805 or such a person has been convicted of a | 11 | | crime and is the
subject of
pre-sentence investigation or when | 12 | | provided by law.
| 13 | | (6) Except as otherwise provided in this subsection (6), | 14 | | law enforcement
officers, and personnel of an independent | 15 | | agency created by ordinance and charged by a unit of local | 16 | | government with the duty of investigating the conduct of law | 17 | | enforcement officers, may not disclose the identity of any | 18 | | minor
in releasing information to the general public as to the | 19 | | arrest, investigation
or disposition of any case involving a | 20 | | minor.
Any victim or parent or legal guardian of a victim may | 21 | | petition the court to
disclose the name and address of the | 22 | | minor and the minor's parents or legal
guardian, or both. Upon | 23 | | a finding by clear and convincing evidence that the
disclosure | 24 | | is either necessary for the victim to pursue a civil remedy | 25 | | against
the minor or the minor's parents or legal guardian, or | 26 | | both, or to protect the
victim's person or property from the |
| | | 09900HB3303ham003 | - 25 - | LRB099 05805 JWD 34271 a |
|
| 1 | | minor, then the court may order the
disclosure of the | 2 | | information to the victim or to the parent or legal guardian
of | 3 | | the victim only for the purpose of the victim pursuing a civil | 4 | | remedy
against the minor or the minor's parents or legal | 5 | | guardian, or both, or to
protect the victim's person or | 6 | | property from the minor.
| 7 | | (7) Nothing contained in this Section shall prohibit law | 8 | | enforcement
agencies when acting in their official capacity | 9 | | from communicating with each
other by letter, memorandum, | 10 | | teletype or
intelligence alert bulletin or other means the | 11 | | identity or other relevant
information pertaining to a person | 12 | | under 18 years of age. The information
provided under this | 13 | | subsection (7) shall remain confidential and shall not
be | 14 | | publicly disclosed, except as otherwise allowed by law.
| 15 | | (8) No person shall disclose information under this Section | 16 | | except when
acting in his or her official capacity and as | 17 | | provided by law or order of
court.
| 18 | | (9) The changes made to this Section by Public Act 98-61 | 19 | | apply to law enforcement records of a minor who has been | 20 | | arrested or taken into custody on or after January 1, 2014 (the | 21 | | effective date of Public Act 98-61). | 22 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | 23 | | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff. | 24 | | 7-16-14.)".
|
|