Illinois General Assembly - Full Text of SB3936
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Full Text of SB3936  102nd General Assembly

SB3936 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3936

 

Introduced 1/21/2022, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 100/5-45.21 new
5 ILCS 140/7  from Ch. 116, par. 207
20 ILCS 2605/2605-620 new
705 ILCS 405/5-915

    Creates the Student Confidential Reporting Act. Subject to appropriation, requires the Illinois State Police, in consultation with the Illinois Emergency Management Agency, State Board of Education, Department of Children and Family Services, and the Department of Human Services, to establish a program for receiving reports and other information from the public regarding potential self-harm or potential harm or criminal acts directed at school students, school employees, or schools in this State. Requires the program to include a Safe2Help Illinois helpline (defined as a school helpline involving a statewide toll-free telephone number, social media, a website, or other means of communication, or a combination of a toll-free telephone number and another means of communication, that transmits voice, text, photographic, or other messages and information to the Safe2Help Illinois operators). Provides for referrals from and the discontinuance of other State-operated school violence help lines (excluding the CPS Violence Prevention Hotline). Sets forth other program and Illinois State Police requirements. Contains provisions concerning the confidentiality of reported information, funding, and annual reporting. Provides that a Safe2Help Illinois employee, law enforcement agency, or law enforcement official acting in good faith in compliance with the Act shall have immunity from any civil or criminal liability that might otherwise occur as a result of handling tips, with the exception of willful or wanton misconduct. Provides that the Illinois State Police may adopt emergency rules to implement the Act. Amends various Acts to make conforming changes.


LRB102 23905 RLC 33103 b

 

 

A BILL FOR

 

SB3936LRB102 23905 RLC 33103 b

1    AN ACT concerning schools.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Student Confidential Reporting Act.
 
6    Section 5. Definitions. In this Act:
7    "Safe2Help Illinois" means a school helpline involving a
8statewide toll-free telephone number, social media, a website,
9or other means of communication, or a combination of a
10toll-free telephone number and another means of communication,
11that transmits voice, text, photographic, or other messages
12and information to the Safe2Help Illinois operators.
13    "School" means a public or nonpublic school offering any
14grade from kindergarten through 12, regardless of whether
15school is in session. "School" includes all school property.
16    "School employee" means a full-time or part-time employee
17of a school or school district, including a school
18administrator, a volunteer with a school or school district,
19or any other person who provides services to a school or school
20district, while he or she is on school property. A person
21described in this definition is considered a school employee
22regardless of whether school is in session.
23    "School site" means a building, a playing field, or

 

 

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1property used for school purposes to impart instruction to
2school students or used for school purposes, functions, or
3events, regardless of whether school is in session. "School
4property" includes a school bus.
5    "School student" means a person who is enrolled as a
6student in a school regardless of whether school is in
7session.
 
8    Section 10. Safe2Help Illinois program management and
9administration.
10    (a) The Illinois State Police, in consultation with the
11Illinois Emergency Management Agency, State Board of
12Education, Department of Human Services, and Department of
13Children and Family Services shall, to the extent that funds
14are appropriated for that purpose, establish a program for
15receiving reports and other information from the public
16regarding potential self-harm or potential harm or criminal
17acts directed at school students, school employees, or schools
18in this State. The Illinois State Police shall establish the
19program in accordance with this Act. The Illinois State Police
20shall have access to the information needed to meet the
21reporting requirements of Section 35.
22    (b) The program shall include a Safe2Help Illinois
23helpline for operators to receive reports and information from
24the general public as described in subsection (a). The
25helpline shall be available for use 24 hours a day, 365 days a

 

 

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1year.
2    (c) The Department of Innovation and Technology shall
3operate a dedicated website to provide mental health and risk
4assessment information for students, promotional information
5to local law enforcement officials, school officials, and the
6general public regarding the program.
7    (d) Beginning on the date that Safe2Help Illinois is
8operational, all calls received by any State-operated school
9violence help line in operation prior to the establishment of
10Safe2Help Illinois shall be directed to Safe2Help Illinois. In
11addition, any State-operated school violence help line in
12operation prior to the establishment of Safe2Help Illinois
13shall be disconnected within 6 months after Safe2Help Illinois
14is operational. The CPS Violence Prevention Hotline
15established under Section 34-21.8 of the School Code and the
16Safe2Help Illinois shall cooperate with each other. If the
17Safe2Help Illinois helpline receives information about
18incidents occurring in the Chicago public schools, it shall
19transmit that information to the CPS Violence Prevention
20Hotline. For the purposes of this subsection (d), a
21State-operated school violence help line does not include the
22CPS Violence Prevention Hotline established under Section
2334-21.8 of the School Code. Instead, the Illinois State Police
24shall work in conjunction with the Chicago Board of Education
25and the Chicago Police Department to direct all applicable
26calls received by Safe2Help to the CPS Violence Prevention

 

 

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1Hotline.
2    (e) The Illinois State Police shall be responsible for the
3continued operational and administrative oversight of the
4program. The program shall provide for a means to review all
5reports and information submitted through Safe2Help Illinois
6and to direct those reports and that information, including
7any analysis of the potential threat as determined appropriate
8by the Illinois State Police, to local law enforcement
9officials and school officials.
10    (f) The Illinois State Police shall ensure that
11appropriate training is provided to program personnel in all
12of the following areas:
13        (1) Crisis management, including recognizing mental
14    illness and emotional disturbance.
15        (2) The resources that are available in the community
16    for providing mental health treatment and other human
17    services.
18        (3) Other matters determined by the Illinois State
19    Police to be relevant to the administration and operation
20    of the program.
21        (4) Handling of criminal intelligence information
22    regarding primary and data collection, storage, and
23    dissemination.
24    (g) A report or other information submitted to the program
25is considered to be a report to a law enforcement agency and
26shall be maintained as a record by the Illinois State Police

 

 

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1for at least 5 years, subject to the confidentiality
2requirements of this Act.
3    (h) The Illinois State Police shall ensure that any
4information submitted to the program where mental health
5emergencies are needed to be immediately referred to the
6appropriate centralized reporting system as provided in
7Section 76 of the Mental Health and Developmental Disabilities
8Administrative Act.
 
9    Section 15. Management of confidential information.
10    (a) Any report or information submitted to the program
11under Section 10 is confidential, may not be released except
12as otherwise provided in this Act or in the Juvenile Court Act
13of 1987, and is not subject to disclosure under the Freedom of
14Information Act.
15    (b) Any report or information submitted to the program and
16forwarded by the vendor described in subsection (d) of Section
1710 to a law enforcement official or to a school official is
18confidential, may not be released except as otherwise provided
19in this Act, and is not subject to disclosure under the Freedom
20of Information Act.
21    (c) A person who intentionally discloses information to
22another person in violation of subsection (a) or (b) commits a
23Class C misdemeanor.
 
24    Section 20. Exemptions to confidentiality of reported

 

 

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1information. Information regarding a report or information
2submitted to the program under Section 10, including any
3identifying information, may be disclosed as follows:
4        (1) By the Illinois State Police, a law enforcement
5    agency, a school, or a community mental health service
6    program or an employee of one of those entities acting in
7    the course of his or her duties. However, this paragraph
8    (1) does not allow the disclosure of information that
9    would identify the person who submitted the report or
10    information to the program under Section 10, except for an
11    imminent threat that poses a clear and present danger to
12    the person.
13        (2) With the permission of the person or, if the
14    person is a minor, with the permission of the minor and his
15    or her parents or guardian.
16        (3) Pursuant to a court order issued under Section 25.
 
17    Section 25. Release of confidential information.
18    (a) A person who is charged with a criminal offense as a
19result of a report or information submitted under Section 10
20may petition the court for disclosure of the report or
21information, including any identifying information, as
22provided in this subsection (a). The State's Attorney having
23jurisdiction shall be notified of the petition not less than 7
24days before the hearing on the petition, or as otherwise
25provided by the court, and have the right to appear in the

 

 

SB3936- 7 -LRB102 23905 RLC 33103 b

1proceedings to oppose the petition.
2    If a petition is filed under this subsection (a), the
3court may conduct a hearing on the petition. If a hearing is
4conducted, it shall be conducted in chambers outside of the
5presence of the petitioner.
6    If the court determines that the report or information,
7including any identifying information, is relevant to the
8criminal proceedings and is essential to the fair trial of the
9person, the court may order the disclosure of that report or
10information, including any identifying information, as
11determined appropriate by the court.
12    The court may place restrictions on the release and use of
13the report or information, including any identifying
14information, obtained under this subsection (a) or may redact
15material as it considers appropriate. Material reviewed by the
16court that is not ordered released or that is redacted shall be
17maintained by the court under seal for purposes of appeal
18only.
19    (b) If the State's Attorney has reason to believe that a
20report or other information provided under Section 10 was
21falsely provided to the Illinois State Police, the State's
22Attorney may petition the court to disclose the report or
23information, including any identifying information.
24    The Attorney General shall be notified of the petition not
25less than 7 days before the hearing on the petition, or as
26otherwise provided by the court, and has the right to appear in

 

 

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1the proceedings to oppose the petition.
2    If the court determines that there is reason to believe
3that the report or information may have been falsely provided,
4the court may order the disclosure of the report or
5information, including any identifying information, as
6determined appropriate by the court.
7    The court may place restrictions on the release and use of
8the report or information, including any identifying
9information, obtained under this subsection (b) or may redact
10material as it considers appropriate. Material reviewed by the
11court that is not ordered released or that is redacted shall be
12maintained by the court under seal for purposes of appeal
13only.
14    (c) The Attorney General may also appear in any other
15action to oppose the release of any report or information
16obtained under Section 10, including any identifying
17information.
 
18    Section 30. Funding.
19    (a) The Illinois State Police may receive money or other
20assets from any source for deposit into the State Police
21Operations Assistance Fund. All moneys deposited under this
22Act into the State Police Operations Assistance Fund shall be
23used, subject to appropriation, by the Illinois State Police
24only for one or more of the following purposes:
25        (1) To pay the costs of the Illinois State Police for

 

 

SB3936- 9 -LRB102 23905 RLC 33103 b

1    administering this Act.
2        (2) To pay the costs of personnel to staff the program
3    under Section 10.
4        (3) To pay for equipment and software for operating
5    the program.
6        (4) To promote public awareness of the program,
7    including the availability of Safe2Help Illinois and the
8    dedicated website operated by the Illinois State Police
9    under subsection (c) of Section 10.
10        (5) To support the delivery of training and education
11    on topics that address prevention of potential harm or
12    criminal activities directed at school students, school
13    employees, and schools.
14    (b) The Illinois State Police may also accept
15contributions, grants, gifts, assets, donations, services, or
16other financial assistance from any individual, association,
17corporation, or other organization having a legitimate
18interest in the Safe2Help Illinois helpline and the health and
19well-being of students which shall be deposited in the State
20Police Operations Assistance Fund.
 
21    Section 35. Procurement; rulemaking.
22    (a) The Illinois State Police, in consultation with and
23subject to the approval of the Chief Procurement Officer, may
24procure a single contract or multiple contracts to implement
25the provisions of this Act. A contract or contracts under this

 

 

SB3936- 10 -LRB102 23905 RLC 33103 b

1subsection are not subject to the provisions of the Illinois
2Procurement Code, except for Sections 20-60, 20-65, 20-70, and
320-160 and Article 50 of that Code, provided that the Chief
4Procurement Officer may, in writing with justification, waive
5any certification required under Article 50.
6    (b) To provide for the expeditious and timely
7implementation of this Act, emergency rules to implement any
8provision of this Act may be adopted by the Illinois State
9Police subject to the provisions of Section 5-45 of the
10Illinois Administrative Procedure Act for a period not to
11exceed 180 days after the effective date of this Act.
 
12    Section 40. Annual reporting. The Illinois State Police,
13in consultation with the State Board of Education, shall
14prepare an annual report under this Act. The report shall be
15filed no later than 90 days after the conclusion of the
16calendar year. Copies of the report shall be filed with the
17Governor and the General Assembly as provided in Section 3.1
18of the General Assembly Organization Act. The report shall
19also be maintained on the Illinois State Police's dedicated
20website under subsection (c) of Section 10. The report shall
21contain, but is not limited to, all of the following
22information:
23        (1) The number of reports submitted to the program
24    under Section 10.
25        (2) The number of reports submitted to the program

 

 

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1    that are forwarded to local law enforcement officials and
2    school officials.
3        (3) The number of reports submitted to the program
4    resulting in referrals to mental health services.
5        (4) The nature of the reports and information
6    submitted to the program in categories established by the
7    Illinois State Police.
8        (5) An analysis of the overall effectiveness of the
9    program in addressing potential self-harm or potential
10    harm or criminal acts directed at schools, school
11    employees, and school students.
 
12    Section 45. Immunity. A Safe2Help Illinois helpline
13employee, law enforcement agency, or law enforcement official
14acting in good faith in compliance with this Act shall have
15immunity from any civil or criminal liability that might
16otherwise occur as a result of handling tips described in this
17Act, with the exception of willful or wanton misconduct.
 
18    Section 900. The Illinois Administrative Procedure Act is
19amended by adding Section 5-45.21 as follows:
 
20    (5 ILCS 100/5-45.21 new)
21    Sec. 5-45.21. Emergency rulemaking; Student Confidential
22Reporting Act. To provide for the expeditious and timely
23implementation of the provisions of the Student Confidential

 

 

SB3936- 12 -LRB102 23905 RLC 33103 b

1Reporting Act, emergency rules implementing the Student
2Confidential Reporting Act may be adopted in accordance with
3Section 5-45 by the Illinois State Police. The adoption of
4emergency rules authorized by Section 5-45 and this Section is
5deemed to be necessary for the public interest, safety, and
6welfare.
7    This Section is repealed on January 1, 2024.
 
8    Section 905. The Freedom of Information Act is amended by
9changing Section 7 as follows:
 
10    (5 ILCS 140/7)  (from Ch. 116, par. 207)
11    Sec. 7. Exemptions.
12    (1) When a request is made to inspect or copy a public
13record that contains information that is exempt from
14disclosure under this Section, but also contains information
15that is not exempt from disclosure, the public body may elect
16to redact the information that is exempt. The public body
17shall make the remaining information available for inspection
18and copying. Subject to this requirement, the following shall
19be exempt from inspection and copying:
20        (a) Information specifically prohibited from
21    disclosure by federal or State law or rules and
22    regulations implementing federal or State law.
23        (b) Private information, unless disclosure is required
24    by another provision of this Act, a State or federal law or

 

 

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1    a court order.
2        (b-5) Files, documents, and other data or databases
3    maintained by one or more law enforcement agencies and
4    specifically designed to provide information to one or
5    more law enforcement agencies regarding the physical or
6    mental status of one or more individual subjects.
7        (c) Personal information contained within public
8    records, the disclosure of which would constitute a
9    clearly unwarranted invasion of personal privacy, unless
10    the disclosure is consented to in writing by the
11    individual subjects of the information. "Unwarranted
12    invasion of personal privacy" means the disclosure of
13    information that is highly personal or objectionable to a
14    reasonable person and in which the subject's right to
15    privacy outweighs any legitimate public interest in
16    obtaining the information. The disclosure of information
17    that bears on the public duties of public employees and
18    officials shall not be considered an invasion of personal
19    privacy.
20        (d) Records in the possession of any public body
21    created in the course of administrative enforcement
22    proceedings, and any law enforcement or correctional
23    agency for law enforcement purposes, but only to the
24    extent that disclosure would:
25            (i) interfere with pending or actually and
26        reasonably contemplated law enforcement proceedings

 

 

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1        conducted by any law enforcement or correctional
2        agency that is the recipient of the request;
3            (ii) interfere with active administrative
4        enforcement proceedings conducted by the public body
5        that is the recipient of the request;
6            (iii) create a substantial likelihood that a
7        person will be deprived of a fair trial or an impartial
8        hearing;
9            (iv) unavoidably disclose the identity of a
10        confidential source, confidential information
11        furnished only by the confidential source, or persons
12        who file complaints with or provide information to
13        administrative, investigative, law enforcement, or
14        penal agencies; except that the identities of
15        witnesses to traffic accidents, traffic accident
16        reports, and rescue reports shall be provided by
17        agencies of local government, except when disclosure
18        would interfere with an active criminal investigation
19        conducted by the agency that is the recipient of the
20        request;
21            (v) disclose unique or specialized investigative
22        techniques other than those generally used and known
23        or disclose internal documents of correctional
24        agencies related to detection, observation or
25        investigation of incidents of crime or misconduct, and
26        disclosure would result in demonstrable harm to the

 

 

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1        agency or public body that is the recipient of the
2        request;
3            (vi) endanger the life or physical safety of law
4        enforcement personnel or any other person; or
5            (vii) obstruct an ongoing criminal investigation
6        by the agency that is the recipient of the request.
7        (d-5) A law enforcement record created for law
8    enforcement purposes and contained in a shared electronic
9    record management system if the law enforcement agency
10    that is the recipient of the request did not create the
11    record, did not participate in or have a role in any of the
12    events which are the subject of the record, and only has
13    access to the record through the shared electronic record
14    management system.
15        (d-6) Records contained in the Officer Professional
16    Conduct Database under Section 9.2 9.4 of the Illinois
17    Police Training Act, except to the extent authorized under
18    that Section. This includes the documents supplied to the
19    Illinois Law Enforcement Training Standards Board from the
20    Illinois State Police and Illinois State Police Merit
21    Board.
22        (e) Records that relate to or affect the security of
23    correctional institutions and detention facilities.
24        (e-5) Records requested by persons committed to the
25    Department of Corrections, Department of Human Services
26    Division of Mental Health, or a county jail if those

 

 

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1    materials are available in the library of the correctional
2    institution or facility or jail where the inmate is
3    confined.
4        (e-6) Records requested by persons committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail if those
7    materials include records from staff members' personnel
8    files, staff rosters, or other staffing assignment
9    information.
10        (e-7) Records requested by persons committed to the
11    Department of Corrections or Department of Human Services
12    Division of Mental Health if those materials are available
13    through an administrative request to the Department of
14    Corrections or Department of Human Services Division of
15    Mental Health.
16        (e-8) Records requested by a person committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail, the
19    disclosure of which would result in the risk of harm to any
20    person or the risk of an escape from a jail or correctional
21    institution or facility.
22        (e-9) Records requested by a person in a county jail
23    or committed to the Department of Corrections or
24    Department of Human Services Division of Mental Health,
25    containing personal information pertaining to the person's
26    victim or the victim's family, including, but not limited

 

 

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1    to, a victim's home address, home telephone number, work
2    or school address, work telephone number, social security
3    number, or any other identifying information, except as
4    may be relevant to a requester's current or potential case
5    or claim.
6        (e-10) Law enforcement records of other persons
7    requested by a person committed to the Department of
8    Corrections, Department of Human Services Division of
9    Mental Health, or a county jail, including, but not
10    limited to, arrest and booking records, mug shots, and
11    crime scene photographs, except as these records may be
12    relevant to the requester's current or potential case or
13    claim.
14        (f) Preliminary drafts, notes, recommendations,
15    memoranda and other records in which opinions are
16    expressed, or policies or actions are formulated, except
17    that a specific record or relevant portion of a record
18    shall not be exempt when the record is publicly cited and
19    identified by the head of the public body. The exemption
20    provided in this paragraph (f) extends to all those
21    records of officers and agencies of the General Assembly
22    that pertain to the preparation of legislative documents.
23        (g) Trade secrets and commercial or financial
24    information obtained from a person or business where the
25    trade secrets or commercial or financial information are
26    furnished under a claim that they are proprietary,

 

 

SB3936- 18 -LRB102 23905 RLC 33103 b

1    privileged, or confidential, and that disclosure of the
2    trade secrets or commercial or financial information would
3    cause competitive harm to the person or business, and only
4    insofar as the claim directly applies to the records
5    requested.
6        The information included under this exemption includes
7    all trade secrets and commercial or financial information
8    obtained by a public body, including a public pension
9    fund, from a private equity fund or a privately held
10    company within the investment portfolio of a private
11    equity fund as a result of either investing or evaluating
12    a potential investment of public funds in a private equity
13    fund. The exemption contained in this item does not apply
14    to the aggregate financial performance information of a
15    private equity fund, nor to the identity of the fund's
16    managers or general partners. The exemption contained in
17    this item does not apply to the identity of a privately
18    held company within the investment portfolio of a private
19    equity fund, unless the disclosure of the identity of a
20    privately held company may cause competitive harm.
21        Nothing contained in this paragraph (g) shall be
22    construed to prevent a person or business from consenting
23    to disclosure.
24        (h) Proposals and bids for any contract, grant, or
25    agreement, including information which if it were
26    disclosed would frustrate procurement or give an advantage

 

 

SB3936- 19 -LRB102 23905 RLC 33103 b

1    to any person proposing to enter into a contractor
2    agreement with the body, until an award or final selection
3    is made. Information prepared by or for the body in
4    preparation of a bid solicitation shall be exempt until an
5    award or final selection is made.
6        (i) Valuable formulae, computer geographic systems,
7    designs, drawings and research data obtained or produced
8    by any public body when disclosure could reasonably be
9    expected to produce private gain or public loss. The
10    exemption for "computer geographic systems" provided in
11    this paragraph (i) does not extend to requests made by
12    news media as defined in Section 2 of this Act when the
13    requested information is not otherwise exempt and the only
14    purpose of the request is to access and disseminate
15    information regarding the health, safety, welfare, or
16    legal rights of the general public.
17        (j) The following information pertaining to
18    educational matters:
19            (i) test questions, scoring keys and other
20        examination data used to administer an academic
21        examination;
22            (ii) information received by a primary or
23        secondary school, college, or university under its
24        procedures for the evaluation of faculty members by
25        their academic peers;
26            (iii) information concerning a school or

 

 

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1        university's adjudication of student disciplinary
2        cases, but only to the extent that disclosure would
3        unavoidably reveal the identity of the student; and
4            (iv) course materials or research materials used
5        by faculty members.
6        (k) Architects' plans, engineers' technical
7    submissions, and other construction related technical
8    documents for projects not constructed or developed in
9    whole or in part with public funds and the same for
10    projects constructed or developed with public funds,
11    including, but not limited to, power generating and
12    distribution stations and other transmission and
13    distribution facilities, water treatment facilities,
14    airport facilities, sport stadiums, convention centers,
15    and all government owned, operated, or occupied buildings,
16    but only to the extent that disclosure would compromise
17    security.
18        (l) Minutes of meetings of public bodies closed to the
19    public as provided in the Open Meetings Act until the
20    public body makes the minutes available to the public
21    under Section 2.06 of the Open Meetings Act.
22        (m) Communications between a public body and an
23    attorney or auditor representing the public body that
24    would not be subject to discovery in litigation, and
25    materials prepared or compiled by or for a public body in
26    anticipation of a criminal, civil, or administrative

 

 

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1    proceeding upon the request of an attorney advising the
2    public body, and materials prepared or compiled with
3    respect to internal audits of public bodies.
4        (n) Records relating to a public body's adjudication
5    of employee grievances or disciplinary cases; however,
6    this exemption shall not extend to the final outcome of
7    cases in which discipline is imposed.
8        (o) Administrative or technical information associated
9    with automated data processing operations, including, but
10    not limited to, software, operating protocols, computer
11    program abstracts, file layouts, source listings, object
12    modules, load modules, user guides, documentation
13    pertaining to all logical and physical design of
14    computerized systems, employee manuals, and any other
15    information that, if disclosed, would jeopardize the
16    security of the system or its data or the security of
17    materials exempt under this Section.
18        (p) Records relating to collective negotiating matters
19    between public bodies and their employees or
20    representatives, except that any final contract or
21    agreement shall be subject to inspection and copying.
22        (q) Test questions, scoring keys, and other
23    examination data used to determine the qualifications of
24    an applicant for a license or employment.
25        (r) The records, documents, and information relating
26    to real estate purchase negotiations until those

 

 

SB3936- 22 -LRB102 23905 RLC 33103 b

1    negotiations have been completed or otherwise terminated.
2    With regard to a parcel involved in a pending or actually
3    and reasonably contemplated eminent domain proceeding
4    under the Eminent Domain Act, records, documents, and
5    information relating to that parcel shall be exempt except
6    as may be allowed under discovery rules adopted by the
7    Illinois Supreme Court. The records, documents, and
8    information relating to a real estate sale shall be exempt
9    until a sale is consummated.
10        (s) Any and all proprietary information and records
11    related to the operation of an intergovernmental risk
12    management association or self-insurance pool or jointly
13    self-administered health and accident cooperative or pool.
14    Insurance or self insurance (including any
15    intergovernmental risk management association or self
16    insurance pool) claims, loss or risk management
17    information, records, data, advice or communications.
18        (t) Information contained in or related to
19    examination, operating, or condition reports prepared by,
20    on behalf of, or for the use of a public body responsible
21    for the regulation or supervision of financial
22    institutions, insurance companies, or pharmacy benefit
23    managers, unless disclosure is otherwise required by State
24    law.
25        (u) Information that would disclose or might lead to
26    the disclosure of secret or confidential information,

 

 

SB3936- 23 -LRB102 23905 RLC 33103 b

1    codes, algorithms, programs, or private keys intended to
2    be used to create electronic signatures under the Uniform
3    Electronic Transactions Act.
4        (v) Vulnerability assessments, security measures, and
5    response policies or plans that are designed to identify,
6    prevent, or respond to potential attacks upon a
7    community's population or systems, facilities, or
8    installations, the destruction or contamination of which
9    would constitute a clear and present danger to the health
10    or safety of the community, but only to the extent that
11    disclosure could reasonably be expected to jeopardize the
12    effectiveness of the measures or the safety of the
13    personnel who implement them or the public. Information
14    exempt under this item may include such things as details
15    pertaining to the mobilization or deployment of personnel
16    or equipment, to the operation of communication systems or
17    protocols, or to tactical operations.
18        (w) (Blank).
19        (x) Maps and other records regarding the location or
20    security of generation, transmission, distribution,
21    storage, gathering, treatment, or switching facilities
22    owned by a utility, by a power generator, or by the
23    Illinois Power Agency.
24        (y) Information contained in or related to proposals,
25    bids, or negotiations related to electric power
26    procurement under Section 1-75 of the Illinois Power

 

 

SB3936- 24 -LRB102 23905 RLC 33103 b

1    Agency Act and Section 16-111.5 of the Public Utilities
2    Act that is determined to be confidential and proprietary
3    by the Illinois Power Agency or by the Illinois Commerce
4    Commission.
5        (z) Information about students exempted from
6    disclosure under Sections 10-20.38 or 34-18.29 of the
7    School Code, and information about undergraduate students
8    enrolled at an institution of higher education exempted
9    from disclosure under Section 25 of the Illinois Credit
10    Card Marketing Act of 2009.
11        (aa) Information the disclosure of which is exempted
12    under the Viatical Settlements Act of 2009.
13        (bb) Records and information provided to a mortality
14    review team and records maintained by a mortality review
15    team appointed under the Department of Juvenile Justice
16    Mortality Review Team Act.
17        (cc) Information regarding interments, entombments, or
18    inurnments of human remains that are submitted to the
19    Cemetery Oversight Database under the Cemetery Care Act or
20    the Cemetery Oversight Act, whichever is applicable.
21        (dd) Correspondence and records (i) that may not be
22    disclosed under Section 11-9 of the Illinois Public Aid
23    Code or (ii) that pertain to appeals under Section 11-8 of
24    the Illinois Public Aid Code.
25        (ee) The names, addresses, or other personal
26    information of persons who are minors and are also

 

 

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1    participants and registrants in programs of park
2    districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations.
5        (ff) The names, addresses, or other personal
6    information of participants and registrants in programs of
7    park districts, forest preserve districts, conservation
8    districts, recreation agencies, and special recreation
9    associations where such programs are targeted primarily to
10    minors.
11        (gg) Confidential information described in Section
12    1-100 of the Illinois Independent Tax Tribunal Act of
13    2012.
14        (hh) The report submitted to the State Board of
15    Education by the School Security and Standards Task Force
16    under item (8) of subsection (d) of Section 2-3.160 of the
17    School Code and any information contained in that report.
18        (ii) Records requested by persons committed to or
19    detained by the Department of Human Services under the
20    Sexually Violent Persons Commitment Act or committed to
21    the Department of Corrections under the Sexually Dangerous
22    Persons Act if those materials: (i) are available in the
23    library of the facility where the individual is confined;
24    (ii) include records from staff members' personnel files,
25    staff rosters, or other staffing assignment information;
26    or (iii) are available through an administrative request

 

 

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1    to the Department of Human Services or the Department of
2    Corrections.
3        (jj) Confidential information described in Section
4    5-535 of the Civil Administrative Code of Illinois.
5        (kk) The public body's credit card numbers, debit card
6    numbers, bank account numbers, Federal Employer
7    Identification Number, security code numbers, passwords,
8    and similar account information, the disclosure of which
9    could result in identity theft or impression or defrauding
10    of a governmental entity or a person.
11        (ll) Records concerning the work of the threat
12    assessment team of a school district.
13        (mm) Information prohibited from being disclosed under
14    subsections (a) and (b) of Section 15 of the Student
15    Confidential Reporting Act.
16    (1.5) Any information exempt from disclosure under the
17Judicial Privacy Act shall be redacted from public records
18prior to disclosure under this Act.
19    (2) A public record that is not in the possession of a
20public body but is in the possession of a party with whom the
21agency has contracted to perform a governmental function on
22behalf of the public body, and that directly relates to the
23governmental function and is not otherwise exempt under this
24Act, shall be considered a public record of the public body,
25for purposes of this Act.
26    (3) This Section does not authorize withholding of

 

 

SB3936- 27 -LRB102 23905 RLC 33103 b

1information or limit the availability of records to the
2public, except as stated in this Section or otherwise provided
3in this Act.
4(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
5101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
66-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
7    Section 910. The Illinois State Police Law of the Civil
8Administrative Code of Illinois is amended by adding Section
92605-620 as follows:
 
10    (20 ILCS 2605/2605-620 new)
11    Sec. 2605-620. School helpline program. The Illinois State
12Police shall establish a school helpline program in accordance
13with the Student Confidential Reporting Act.
 
14    Section 915. The Juvenile Court Act of 1987 is amended by
15changing Section 5-915 as follows:
 
16    (705 ILCS 405/5-915)
17    Sec. 5-915. Expungement of juvenile law enforcement and
18juvenile court records.
19    (0.05) (Blank).
20    (0.1) (a) The Illinois State Police and all law
21enforcement agencies within the State shall automatically
22expunge, on or before January 1 of each year, except as

 

 

SB3936- 28 -LRB102 23905 RLC 33103 b

1described in paragraph (c) of subsection (0.1), all juvenile
2law enforcement records relating to events occurring before an
3individual's 18th birthday if:
4        (1) one year or more has elapsed since the date of the
5    arrest or law enforcement interaction documented in the
6    records;
7        (2) no petition for delinquency or criminal charges
8    were filed with the clerk of the circuit court relating to
9    the arrest or law enforcement interaction documented in
10    the records; and
11        (3) 6 months have elapsed since the date of the arrest
12    without an additional subsequent arrest or filing of a
13    petition for delinquency or criminal charges whether
14    related or not to the arrest or law enforcement
15    interaction documented in the records.
16    (b) If the law enforcement agency is unable to verify
17satisfaction of conditions (2) and (3) of this subsection
18(0.1), records that satisfy condition (1) of this subsection
19(0.1) shall be automatically expunged if the records relate to
20an offense that if committed by an adult would not be an
21offense classified as a Class 2 felony or higher, an offense
22under Article 11 of the Criminal Code of 1961 or Criminal Code
23of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961.
25    (c) If the juvenile law enforcement record was received
26through a public submission to a statewide student

 

 

SB3936- 29 -LRB102 23905 RLC 33103 b

1confidential reporting system administered by the Illinois
2State Police, the record will maintained for a period of 5
3years according to all other provisions in subsection (0.1).
4    (0.15) If a juvenile law enforcement record meets
5paragraph (a) of subsection (0.1) of this Section, a juvenile
6law enforcement record created:
7        (1) prior to January 1, 2018, but on or after January
8    1, 2013 shall be automatically expunged prior to January
9    1, 2020;
10        (2) prior to January 1, 2013, but on or after January
11    1, 2000, shall be automatically expunged prior to January
12    1, 2023; and
13        (3) prior to January 1, 2000 shall not be subject to
14    the automatic expungement provisions of this Act.
15Nothing in this subsection (0.15) shall be construed to
16restrict or modify an individual's right to have his or her
17juvenile law enforcement records expunged except as otherwise
18may be provided in this Act.
19    (0.2) (a) Upon dismissal of a petition alleging
20delinquency or upon a finding of not delinquent, the
21successful termination of an order of supervision, or the
22successful termination of an adjudication for an offense which
23would be a Class B misdemeanor, Class C misdemeanor, or a petty
24or business offense if committed by an adult, the court shall
25automatically order the expungement of the juvenile court
26records and juvenile law enforcement records. The clerk shall

 

 

SB3936- 30 -LRB102 23905 RLC 33103 b

1deliver a certified copy of the expungement order to the
2Illinois State Police and the arresting agency. Upon request,
3the State's Attorney shall furnish the name of the arresting
4agency. The expungement shall be completed within 60 business
5days after the receipt of the expungement order.
6    (b) If the chief law enforcement officer of the agency, or
7his or her designee, certifies in writing that certain
8information is needed for a pending investigation involving
9the commission of a felony, that information, and information
10identifying the juvenile, may be retained until the statute of
11limitations for the felony has run. If the chief law
12enforcement officer of the agency, or his or her designee,
13certifies in writing that certain information is needed with
14respect to an internal investigation of any law enforcement
15office, that information and information identifying the
16juvenile may be retained within an intelligence file until the
17investigation is terminated or the disciplinary action,
18including appeals, has been completed, whichever is later.
19Retention of a portion of a juvenile's law enforcement record
20does not disqualify the remainder of his or her record from
21immediate automatic expungement.
22    (0.3) (a) Upon an adjudication of delinquency based on any
23offense except a disqualified offense, the juvenile court
24shall automatically order the expungement of the juvenile
25court and law enforcement records 2 years after the juvenile's
26case was closed if no delinquency or criminal proceeding is

 

 

SB3936- 31 -LRB102 23905 RLC 33103 b

1pending and the person has had no subsequent delinquency
2adjudication or criminal conviction. The clerk shall deliver a
3certified copy of the expungement order to the Illinois State
4Police and the arresting agency. Upon request, the State's
5Attorney shall furnish the name of the arresting agency. The
6expungement shall be completed within 60 business days after
7the receipt of the expungement order. In this subsection
8(0.3), "disqualified offense" means any of the following
9offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
1010-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
1111-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
1212-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
1312-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
1418-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
1524-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
1631-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
17subsection (b) of Section 8-1, paragraph (4) of subsection (a)
18of Section 11-14.4, subsection (a-5) of Section 12-3.1,
19paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
20subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
21(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
22paragraph (1) of subsection (a) of Section 12-9, subparagraph
23(H) of paragraph (3) of subsection (a) of Section 24-1.6,
24paragraph (1) of subsection (a) of Section 25-1, or subsection
25(a-7) of Section 31-1 of the Criminal Code of 2012.
26    (b) If the chief law enforcement officer of the agency, or

 

 

SB3936- 32 -LRB102 23905 RLC 33103 b

1his or her designee, certifies in writing that certain
2information is needed for a pending investigation involving
3the commission of a felony, that information, and information
4identifying the juvenile, may be retained in an intelligence
5file until the investigation is terminated or for one
6additional year, whichever is sooner. Retention of a portion
7of a juvenile's juvenile law enforcement record does not
8disqualify the remainder of his or her record from immediate
9automatic expungement.
10    (0.4) Automatic expungement for the purposes of this
11Section shall not require law enforcement agencies to
12obliterate or otherwise destroy juvenile law enforcement
13records that would otherwise need to be automatically expunged
14under this Act, except after 2 years following the subject
15arrest for purposes of use in civil litigation against a
16governmental entity or its law enforcement agency or personnel
17which created, maintained, or used the records. However, these
18juvenile law enforcement records shall be considered expunged
19for all other purposes during this period and the offense,
20which the records or files concern, shall be treated as if it
21never occurred as required under Section 5-923.
22    (0.5) Subsection (0.1) or (0.2) of this Section does not
23apply to violations of traffic, boating, fish and game laws,
24or county or municipal ordinances.
25    (0.6) Juvenile law enforcement records of a plaintiff who
26has filed civil litigation against the governmental entity or

 

 

SB3936- 33 -LRB102 23905 RLC 33103 b

1its law enforcement agency or personnel that created,
2maintained, or used the records, or juvenile law enforcement
3records that contain information related to the allegations
4set forth in the civil litigation may not be expunged until
5after 2 years have elapsed after the conclusion of the
6lawsuit, including any appeal.
7    (0.7) Officer-worn body camera recordings shall not be
8automatically expunged except as otherwise authorized by the
9Law Enforcement Officer-Worn Body Camera Act.
10    (1) Whenever a person has been arrested, charged, or
11adjudicated delinquent for an incident occurring before his or
12her 18th birthday that if committed by an adult would be an
13offense, and that person's juvenile law enforcement and
14juvenile court records are not eligible for automatic
15expungement under subsection (0.1), (0.2), or (0.3), the
16person may petition the court at any time for expungement of
17juvenile law enforcement records and juvenile court records
18relating to the incident and, upon termination of all juvenile
19court proceedings relating to that incident, the court shall
20order the expungement of all records in the possession of the
21Illinois State Police, the clerk of the circuit court, and law
22enforcement agencies relating to the incident, but only in any
23of the following circumstances:
24        (a) the minor was arrested and no petition for
25    delinquency was filed with the clerk of the circuit court;
26        (a-5) the minor was charged with an offense and the

 

 

SB3936- 34 -LRB102 23905 RLC 33103 b

1    petition or petitions were dismissed without a finding of
2    delinquency;
3        (b) the minor was charged with an offense and was
4    found not delinquent of that offense;
5        (c) the minor was placed under supervision under
6    Section 5-615, and the order of supervision has since been
7    successfully terminated; or
8        (d) the minor was adjudicated for an offense which
9    would be a Class B misdemeanor, Class C misdemeanor, or a
10    petty or business offense if committed by an adult.
11    (1.5) The Illinois State Police shall allow a person to
12use the Access and Review process, established in the Illinois
13State Police, for verifying that his or her juvenile law
14enforcement records relating to incidents occurring before his
15or her 18th birthday eligible under this Act have been
16expunged.
17    (1.6) (Blank).
18    (1.7) (Blank).
19    (1.8) (Blank).
20    (2) Any person whose delinquency adjudications are not
21eligible for automatic expungement under subsection (0.3) of
22this Section may petition the court to expunge all juvenile
23law enforcement records relating to any incidents occurring
24before his or her 18th birthday which did not result in
25proceedings in criminal court and all juvenile court records
26with respect to any adjudications except those based upon

 

 

SB3936- 35 -LRB102 23905 RLC 33103 b

1first degree murder or an offense under Article 11 of the
2Criminal Code of 2012 if the person is required to register
3under the Sex Offender Registration Act at the time he or she
4petitions the court for expungement; provided that 2 years
5have elapsed since all juvenile court proceedings relating to
6him or her have been terminated and his or her commitment to
7the Department of Juvenile Justice under this Act has been
8terminated.
9    (2.5) If a minor is arrested and no petition for
10delinquency is filed with the clerk of the circuit court at the
11time the minor is released from custody, the youth officer, if
12applicable, or other designated person from the arresting
13agency, shall notify verbally and in writing to the minor or
14the minor's parents or guardians that the minor shall have an
15arrest record and shall provide the minor and the minor's
16parents or guardians with an expungement information packet,
17information regarding this State's expungement laws including
18a petition to expunge juvenile law enforcement and juvenile
19court records obtained from the clerk of the circuit court.
20    (2.6) If a minor is referred to court, then, at the time of
21sentencing, dismissal of the case, or successful completion of
22supervision, the judge shall inform the delinquent minor of
23his or her rights regarding expungement and the clerk of the
24circuit court shall provide an expungement information packet
25to the minor, written in plain language, including information
26regarding this State's expungement laws and a petition for

 

 

SB3936- 36 -LRB102 23905 RLC 33103 b

1expungement, a sample of a completed petition, expungement
2instructions that shall include information informing the
3minor that (i) once the case is expunged, it shall be treated
4as if it never occurred, (ii) he or she may apply to have
5petition fees waived, (iii) once he or she obtains an
6expungement, he or she may not be required to disclose that he
7or she had a juvenile law enforcement or juvenile court
8record, and (iv) if petitioning he or she may file the petition
9on his or her own or with the assistance of an attorney. The
10failure of the judge to inform the delinquent minor of his or
11her right to petition for expungement as provided by law does
12not create a substantive right, nor is that failure grounds
13for: (i) a reversal of an adjudication of delinquency; (ii) a
14new trial; or (iii) an appeal.
15    (2.7) (Blank).
16    (2.8) (Blank).
17    (3) (Blank).
18    (3.1) (Blank).
19    (3.2) (Blank).
20    (3.3) (Blank).
21    (4) (Blank).
22    (5) (Blank).
23    (5.5) Whether or not expunged, records eligible for
24automatic expungement under subdivision (0.1)(a), (0.2)(a), or
25(0.3)(a) may be treated as expunged by the individual subject
26to the records.

 

 

SB3936- 37 -LRB102 23905 RLC 33103 b

1    (6) (Blank).
2    (6.5) The Illinois State Police or any employee of the
3Illinois State Police shall be immune from civil or criminal
4liability for failure to expunge any records of arrest that
5are subject to expungement under this Section because of
6inability to verify a record. Nothing in this Section shall
7create Illinois State Police liability or responsibility for
8the expungement of juvenile law enforcement records it does
9not possess.
10    (7) (Blank).
11    (7.5) (Blank).
12    (8) The expungement of juvenile law enforcement or
13juvenile court records under subsection (0.1), (0.2), or (0.3)
14of this Section shall be funded by appropriation by the
15General Assembly for that purpose.
16    (9) (Blank).
17    (10) (Blank).
18(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)