Full Text of SB3936 102nd General Assembly
SB3936eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning schools.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Student Confidential Reporting Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Safe2Help Illinois" means a school helpline involving a | 8 | | statewide toll-free telephone number, social media, a website, | 9 | | or other means of communication, or a combination of a | 10 | | toll-free telephone number and another means of communication, | 11 | | that transmits voice, text, photographic, or other messages | 12 | | and information to the Safe2Help Illinois operators. | 13 | | "Safe2Help Illinois Manager" means the designated program | 14 | | manager that works in collaboration with all agencies involved | 15 | | in Safe2Help Illinois, providing marketing, and logistical | 16 | | support to the implementation of the Safe2Help Illinois | 17 | | Program. | 18 | | "School" means a public or nonpublic school offering any | 19 | | grade from kindergarten through 12, regardless of whether | 20 | | school is in session. "School" includes all school property. | 21 | | "School employee" means a full-time or part-time employee | 22 | | of a school or school district, including a school | 23 | | administrator, a volunteer with a school or school district, |
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| 1 | | or any other person who provides services to a school or school | 2 | | district, while he or she is on school property. A person | 3 | | described in this definition is considered a school employee | 4 | | regardless of whether school is in session. | 5 | | "School site" means a building, a playing field, or | 6 | | property used for school purposes to impart instruction to | 7 | | school students or used for school purposes, functions, or | 8 | | events, regardless of whether school is in session. "School | 9 | | property" includes a school bus. | 10 | | "School student" means a person who is enrolled as a | 11 | | student in a school regardless of whether school is in | 12 | | session. | 13 | | Section 10. Safe2Help Illinois program management and | 14 | | administration. | 15 | | (a) The Illinois State Police, in consultation with the | 16 | | Illinois Emergency Management Agency, State Board of | 17 | | Education, Department of Human Services, and Department of | 18 | | Children and Family Services shall, to the extent that funds | 19 | | are appropriated for that purpose, establish a program for | 20 | | receiving reports and other information from the public | 21 | | regarding potential self-harm or potential harm or criminal | 22 | | acts directed at school students, school employees, or schools | 23 | | in this State. The Illinois State Police shall establish the | 24 | | program in accordance with this Act. The Illinois State Police | 25 | | shall have access to the information needed to meet the |
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| 1 | | reporting requirements of Section 35. | 2 | | (b) The program shall include a Safe2Help Illinois | 3 | | helpline for operators to receive reports and information from | 4 | | the general public as described in subsection (a). The | 5 | | helpline shall be available for use 24 hours a day, 365 days a | 6 | | year. | 7 | | (c) The Department of Innovation and Technology shall | 8 | | operate a dedicated website to provide mental health | 9 | | information for students, promotional information to local law | 10 | | enforcement officials, school officials, and the general | 11 | | public regarding the program. | 12 | | (d) Beginning on the date that Safe2Help Illinois is
| 13 | | operational, any State or locally operated school violence | 14 | | help line currently in operation shall work in conjunction | 15 | | with Safe2Help Illinois
as needed.
The CPS Violence Prevention | 16 | | Hotline established under Section 34-21.8 of the School Code | 17 | | and the Safe2Help Illinois shall cooperate with each other. If | 18 | | the Safe2Help Illinois helpline receives information about | 19 | | incidents occurring in the Chicago public schools, it shall | 20 | | transmit that information to the CPS Violence Prevention | 21 | | Hotline. For the purposes of this subsection (d), a | 22 | | State-operated school violence help line does not include the | 23 | | CPS Violence Prevention Hotline established under Section | 24 | | 34-21.8 of the School Code. Instead, the Illinois State Police | 25 | | shall work in conjunction with the Chicago Board of Education | 26 | | and the Chicago Police Department to direct all applicable |
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| 1 | | calls received by Safe2Help to the CPS Violence Prevention | 2 | | Hotline. | 3 | | (e) The Illinois State Police shall be responsible for the | 4 | | continued operational oversight of the program. The program | 5 | | shall provide for a means to review all reports and | 6 | | information submitted through Safe2Help Illinois and to direct | 7 | | those reports and that information, including any analysis of | 8 | | the potential threat as determined appropriate by the Illinois | 9 | | State Police, to local law enforcement officials and school | 10 | | officials. | 11 | | (f) The Illinois State Police shall ensure that
program | 12 | | personnel or call center staff, or both, are appropriately | 13 | | trained in
the following areas: | 14 | | (1) crisis management, including recognizing mental
| 15 | | illness and emotional disturbance; | 16 | | (2) the resources that are available
for providing | 17 | | mental health and other human
services; | 18 | | (3) matters determined by the Illinois State
Police to | 19 | | be relevant to the operation of the program; and | 20 | | (4) handling of criminal intelligence information
| 21 | | regarding primary and data collection, storage, and
| 22 | | dissemination. | 23 | | (g) A report or other information submitted to the program | 24 | | is considered to be a report to a law enforcement agency and | 25 | | shall be maintained as a record by the Illinois State Police | 26 | | for at least 5 years, subject to the confidentiality |
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| 1 | | requirements of this Act. | 2 | | (h) The Illinois State Police shall ensure that any | 3 | | information submitted to the program where mental health | 4 | | services are needed will be referred to the appropriate | 5 | | centralized reporting system as provided in Section 76 of the | 6 | | Mental Health and Developmental
Disabilities Administrative | 7 | | Act. | 8 | | Section 15. Management of confidential information. | 9 | | (a) Any report or information submitted to the program | 10 | | under Section 10 is confidential, may not be released except | 11 | | as otherwise provided in this Act or in the Juvenile Court Act | 12 | | of 1987, and is not subject to disclosure under the Freedom of | 13 | | Information Act. | 14 | | (b) Any report or information submitted to the program and | 15 | | forwarded by the vendor described in subsection (d) of Section | 16 | | 10 to a law enforcement official or to a school official is | 17 | | confidential, may not be released except as otherwise provided | 18 | | in this Act, and is not subject to disclosure under the Freedom | 19 | | of Information Act. | 20 | | (c) A person who intentionally discloses information to | 21 | | another person in violation of subsection (a) or (b) commits a | 22 | | Class C misdemeanor. | 23 | | Section 20. Exemptions to confidentiality of reported | 24 | | information. Information regarding a report or information |
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| 1 | | submitted to the program under Section 10, including any | 2 | | identifying information, may be disclosed as follows: | 3 | | (1) By the Illinois State Police, a law enforcement | 4 | | agency, a school, or a community mental health service | 5 | | program or an employee of one of those entities acting in | 6 | | the course of his or her duties. However, this paragraph | 7 | | (1) does not allow the disclosure of information that | 8 | | would identify the person who submitted the report or | 9 | | information to the program under Section 10, except for an | 10 | | imminent threat that poses a clear and present danger to | 11 | | the person. | 12 | | (2) With the permission of the person or, if the | 13 | | person is a minor, with the permission of the minor and his | 14 | | or her parents or guardian. | 15 | | (3) Pursuant to a court order issued under Section 25. | 16 | | Section 25. Release of confidential information. | 17 | | (a) A person who is charged with a criminal offense as a | 18 | | result of a report or information submitted under Section 10 | 19 | | may petition the court for disclosure of the report or | 20 | | information, including any identifying information, as | 21 | | provided in this subsection (a). The State's Attorney having | 22 | | jurisdiction shall be notified of the petition not less than 7 | 23 | | days before the hearing on the petition, or as otherwise | 24 | | provided by the court, and have the right to appear in the | 25 | | proceedings to oppose the petition. |
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| 1 | | If a petition is filed under this subsection (a), the | 2 | | court may conduct a hearing on the petition. If a hearing is | 3 | | conducted, it shall be conducted in chambers outside of the | 4 | | presence of the petitioner. | 5 | | If the court determines that the report or information, | 6 | | including any identifying information, is relevant to the | 7 | | criminal proceedings and is essential to the fair trial of the | 8 | | person, the court may order the disclosure of that report or | 9 | | information, including any identifying information, as | 10 | | determined appropriate by the court. | 11 | | The court may place restrictions on the release and use of | 12 | | the report or information, including any identifying | 13 | | information, obtained under this subsection (a) or may redact | 14 | | material as it considers appropriate. Material reviewed by the | 15 | | court that is not ordered released or that is redacted shall be | 16 | | maintained by the court under seal for purposes of appeal | 17 | | only. | 18 | | (b) If the State's Attorney has reason to believe that a | 19 | | report or other information provided under Section 10 was | 20 | | falsely provided to the Illinois State Police, the State's | 21 | | Attorney may petition the court to disclose the report or | 22 | | information, including any identifying information. | 23 | | The Attorney General shall be notified of the petition not | 24 | | less than 7 days before the hearing on the petition, or as | 25 | | otherwise provided by the court, and has the right to appear in | 26 | | the proceedings to oppose the petition. |
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| 1 | | If the court determines that there is reason to believe | 2 | | that the report or information may have been falsely provided, | 3 | | the court may order the disclosure of the report or | 4 | | information, including any identifying information, as | 5 | | determined appropriate by the court. | 6 | | The court may place restrictions on the release and use of | 7 | | the report or information, including any identifying | 8 | | information, obtained under this subsection (b) or may redact | 9 | | material as it considers appropriate.
Material reviewed by the | 10 | | court that is not ordered released or that is redacted shall be | 11 | | maintained by the court under seal for purposes of appeal | 12 | | only. | 13 | | (c) The Attorney General may also appear in any other | 14 | | action to oppose the release of any report or information | 15 | | obtained under Section 10, including any identifying | 16 | | information. | 17 | | Section 30. Funding. | 18 | | (a) The Illinois State Police may receive money or other | 19 | | assets from any source for deposit into the State Police | 20 | | Operations Assistance Fund. All moneys deposited under this | 21 | | Act into the State Police Operations Assistance Fund shall be | 22 | | used, subject to appropriation, by the Illinois State Police | 23 | | only for one or more of the following purposes: | 24 | | (1) To pay the costs of the Illinois State Police for | 25 | | administering this Act. |
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| 1 | | (2) To pay the costs of personnel to staff the program | 2 | | under Section 10. | 3 | | (3) To pay for equipment and software for operating | 4 | | the program. | 5 | | (4) To promote public awareness of the program, | 6 | | including the availability of Safe2Help Illinois and the | 7 | | dedicated website under subsection (c) of Section 10. | 8 | | (5) To support the delivery of training and education | 9 | | on topics that address prevention of potential harm or | 10 | | criminal activities directed at school students, school | 11 | | employees, and schools. | 12 | | (b) The Illinois State Police may also accept | 13 | | contributions, grants, gifts, assets, donations, services, or | 14 | | other financial assistance from any individual, association, | 15 | | corporation, or other organization having a legitimate | 16 | | interest in the Safe2Help Illinois helpline and the health and | 17 | | well-being of students which shall be deposited in the State | 18 | | Police Operations Assistance Fund. | 19 | | Section 35. Procurement; rulemaking.
| 20 | | The Illinois State Police, in consultation with
and | 21 | | subject to the approval of the Chief Procurement Officer,
may | 22 | | procure a single contract or multiple contracts to
implement | 23 | | the provisions of this Act. A contract or contracts
under this | 24 | | subsection are not subject to the provisions of the
Illinois | 25 | | Procurement Code, except for Sections 20-60, 20-65,
20-70, and |
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| 1 | | 20-160 and Article 50 of that Code, provided that
the Chief | 2 | | Procurement Officer may, in writing with
justification, waive | 3 | | any certification required under Article
50. | 4 | | Section 40. Annual reporting. The Safe2Help Illinois | 5 | | program manager,
in consultation with the Illinois State | 6 | | Police and the State Board of Education, shall prepare an | 7 | | annual report under this Act. The report shall be filed no | 8 | | later than 90 days after the conclusion of the calendar year. | 9 | | Copies of the report shall be filed with the Governor and the | 10 | | General Assembly as provided in Section 3.1 of the General | 11 | | Assembly Organization Act. The report shall also be maintained | 12 | | on the dedicated Safe2Help Illinois website under subsection | 13 | | (c) of Section 10. The report shall contain, but is not limited | 14 | | to, all of the following information: | 15 | | (1) The number of reports submitted to the program | 16 | | under Section 10. | 17 | | (2) The number of reports submitted to the program | 18 | | that are forwarded to local law enforcement officials and | 19 | | school officials. | 20 | | (3) The number of reports submitted to the program | 21 | | resulting in referrals for human services. | 22 | | (4) The nature of the reports and information | 23 | | submitted to the program in categories established by the | 24 | | Illinois State Police. | 25 | | (5) An analysis of the overall effectiveness of the |
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| 1 | | program in addressing potential self-harm or potential | 2 | | harm or criminal acts directed at schools, school | 3 | | employees, and school students. | 4 | | Section 45. Immunity. A Safe2Help Illinois helpline | 5 | | employee, law enforcement agency, or law enforcement official | 6 | | acting in good faith in compliance with this Act shall have | 7 | | immunity from any civil or criminal liability that might | 8 | | otherwise occur as a result of handling tips described in this | 9 | | Act, with the exception of willful or wanton misconduct. | 10 | | Section 905. The Freedom of Information Act is amended by | 11 | | changing Section 7 as follows: | 12 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 13 | | Sec. 7. Exemptions.
| 14 | | (1) When a request is made to inspect or copy a public | 15 | | record that contains information that is exempt from | 16 | | disclosure under this Section, but also contains information | 17 | | that is not exempt from disclosure, the public body may elect | 18 | | to redact the information that is exempt. The public body | 19 | | shall make the remaining information available for inspection | 20 | | and copying. Subject to this requirement, the following shall | 21 | | be exempt from inspection and copying:
| 22 | | (a) Information specifically prohibited from | 23 | | disclosure by federal or
State law or rules and |
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| 1 | | regulations implementing federal or State law.
| 2 | | (b) Private information, unless disclosure is required | 3 | | by another provision of this Act, a State or federal law or | 4 | | a court order. | 5 | | (b-5) Files, documents, and other data or databases | 6 | | maintained by one or more law enforcement agencies and | 7 | | specifically designed to provide information to one or | 8 | | more law enforcement agencies regarding the physical or | 9 | | mental status of one or more individual subjects. | 10 | | (c) Personal information contained within public | 11 | | records, the disclosure of which would constitute a | 12 | | clearly
unwarranted invasion of personal privacy, unless | 13 | | the disclosure is
consented to in writing by the | 14 | | individual subjects of the information. "Unwarranted | 15 | | invasion of personal privacy" means the disclosure of | 16 | | information that is highly personal or objectionable to a | 17 | | reasonable person and in which the subject's right to | 18 | | privacy outweighs any legitimate public interest in | 19 | | obtaining the information. The
disclosure of information | 20 | | that bears on the public duties of public
employees and | 21 | | officials shall not be considered an invasion of personal
| 22 | | privacy.
| 23 | | (d) Records in the possession of any public body | 24 | | created in the course of administrative enforcement
| 25 | | proceedings, and any law enforcement or correctional | 26 | | agency for
law enforcement purposes,
but only to the |
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| 1 | | extent that disclosure would:
| 2 | | (i) interfere with pending or actually and | 3 | | reasonably contemplated
law enforcement proceedings | 4 | | conducted by any law enforcement or correctional
| 5 | | agency that is the recipient of the request;
| 6 | | (ii) interfere with active administrative | 7 | | enforcement proceedings
conducted by the public body | 8 | | that is the recipient of the request;
| 9 | | (iii) create a substantial likelihood that a | 10 | | person will be deprived of a fair trial or an impartial | 11 | | hearing;
| 12 | | (iv) unavoidably disclose the identity of a | 13 | | confidential source, confidential information | 14 | | furnished only by the confidential source, or persons | 15 | | who file complaints with or provide information to | 16 | | administrative, investigative, law enforcement, or | 17 | | penal agencies; except that the identities of | 18 | | witnesses to traffic accidents, traffic accident | 19 | | reports, and rescue reports shall be provided by | 20 | | agencies of local government, except when disclosure | 21 | | would interfere with an active criminal investigation | 22 | | conducted by the agency that is the recipient of the | 23 | | request;
| 24 | | (v) disclose unique or specialized investigative | 25 | | techniques other than
those generally used and known | 26 | | or disclose internal documents of
correctional |
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| 1 | | agencies related to detection, observation or | 2 | | investigation of
incidents of crime or misconduct, and | 3 | | disclosure would result in demonstrable harm to the | 4 | | agency or public body that is the recipient of the | 5 | | request;
| 6 | | (vi) endanger the life or physical safety of law | 7 | | enforcement personnel
or any other person; or
| 8 | | (vii) obstruct an ongoing criminal investigation | 9 | | by the agency that is the recipient of the request.
| 10 | | (d-5) A law enforcement record created for law | 11 | | enforcement purposes and contained in a shared electronic | 12 | | record management system if the law enforcement agency | 13 | | that is the recipient of the request did not create the | 14 | | record, did not participate in or have a role in any of the | 15 | | events which are the subject of the record, and only has | 16 | | access to the record through the shared electronic record | 17 | | management system. | 18 | | (d-6) Records contained in the Officer Professional | 19 | | Conduct Database under Section 9.2 9.4 of the Illinois | 20 | | Police Training Act, except to the extent authorized under | 21 | | that Section. This includes the documents supplied to the | 22 | | Illinois Law Enforcement Training Standards Board from the | 23 | | Illinois State Police and Illinois State Police Merit | 24 | | Board. | 25 | | (e) Records that relate to or affect the security of | 26 | | correctional
institutions and detention facilities.
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| 1 | | (e-5) Records requested by persons committed to the | 2 | | Department of Corrections, Department of Human Services | 3 | | Division of Mental Health, or a county jail if those | 4 | | materials are available in the library of the correctional | 5 | | institution or facility or jail where the inmate is | 6 | | confined. | 7 | | (e-6) Records requested by persons committed to the | 8 | | Department of Corrections, Department of Human Services | 9 | | Division of Mental Health, or a county jail if those | 10 | | materials include records from staff members' personnel | 11 | | files, staff rosters, or other staffing assignment | 12 | | information. | 13 | | (e-7) Records requested by persons committed to the | 14 | | Department of Corrections or Department of Human Services | 15 | | Division of Mental Health if those materials are available | 16 | | through an administrative request to the Department of | 17 | | Corrections or Department of Human Services Division of | 18 | | Mental Health. | 19 | | (e-8) Records requested by a person committed to the | 20 | | Department of Corrections, Department of Human Services | 21 | | Division of Mental Health, or a county jail, the | 22 | | disclosure of which would result in the risk of harm to any | 23 | | person or the risk of an escape from a jail or correctional | 24 | | institution or facility. | 25 | | (e-9) Records requested by a person in a county jail | 26 | | or committed to the Department of Corrections or |
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| 1 | | Department of Human Services Division of Mental Health, | 2 | | containing personal information pertaining to the person's | 3 | | victim or the victim's family, including, but not limited | 4 | | to, a victim's home address, home telephone number, work | 5 | | or school address, work telephone number, social security | 6 | | number, or any other identifying information, except as | 7 | | may be relevant to a requester's current or potential case | 8 | | or claim. | 9 | | (e-10) Law enforcement records of other persons | 10 | | requested by a person committed to the Department of | 11 | | Corrections, Department of Human Services Division of | 12 | | Mental Health, or a county jail, including, but not | 13 | | limited to, arrest and booking records, mug shots, and | 14 | | crime scene photographs, except as these records may be | 15 | | relevant to the requester's current or potential case or | 16 | | claim. | 17 | | (f) Preliminary drafts, notes, recommendations, | 18 | | memoranda and other
records in which opinions are | 19 | | expressed, or policies or actions are
formulated, except | 20 | | that a specific record or relevant portion of a
record | 21 | | shall not be exempt when the record is publicly cited
and | 22 | | identified by the head of the public body. The exemption | 23 | | provided in
this paragraph (f) extends to all those | 24 | | records of officers and agencies
of the General Assembly | 25 | | that pertain to the preparation of legislative
documents.
| 26 | | (g) Trade secrets and commercial or financial |
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| 1 | | information obtained from
a person or business where the | 2 | | trade secrets or commercial or financial information are | 3 | | furnished under a claim that they are
proprietary, | 4 | | privileged, or confidential, and that disclosure of the | 5 | | trade
secrets or commercial or financial information would | 6 | | cause competitive harm to the person or business, and only | 7 | | insofar as the claim directly applies to the records | 8 | | requested. | 9 | | The information included under this exemption includes | 10 | | all trade secrets and commercial or financial information | 11 | | obtained by a public body, including a public pension | 12 | | fund, from a private equity fund or a privately held | 13 | | company within the investment portfolio of a private | 14 | | equity fund as a result of either investing or evaluating | 15 | | a potential investment of public funds in a private equity | 16 | | fund. The exemption contained in this item does not apply | 17 | | to the aggregate financial performance information of a | 18 | | private equity fund, nor to the identity of the fund's | 19 | | managers or general partners. The exemption contained in | 20 | | this item does not apply to the identity of a privately | 21 | | held company within the investment portfolio of a private | 22 | | equity fund, unless the disclosure of the identity of a | 23 | | privately held company may cause competitive harm. | 24 | | Nothing contained in this
paragraph (g) shall be | 25 | | construed to prevent a person or business from
consenting | 26 | | to disclosure.
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| 1 | | (h) Proposals and bids for any contract, grant, or | 2 | | agreement, including
information which if it were | 3 | | disclosed would frustrate procurement or give
an advantage | 4 | | to any person proposing to enter into a contractor | 5 | | agreement
with the body, until an award or final selection | 6 | | is made. Information
prepared by or for the body in | 7 | | preparation of a bid solicitation shall be
exempt until an | 8 | | award or final selection is made.
| 9 | | (i) Valuable formulae,
computer geographic systems,
| 10 | | designs, drawings and research data obtained or
produced | 11 | | by any public body when disclosure could reasonably be | 12 | | expected to
produce private gain or public loss.
The | 13 | | exemption for "computer geographic systems" provided in | 14 | | this paragraph
(i) does not extend to requests made by | 15 | | news media as defined in Section 2 of
this Act when the | 16 | | requested information is not otherwise exempt and the only
| 17 | | purpose of the request is to access and disseminate | 18 | | information regarding the
health, safety, welfare, or | 19 | | legal rights of the general public.
| 20 | | (j) The following information pertaining to | 21 | | educational matters: | 22 | | (i) test questions, scoring keys and other | 23 | | examination data used to
administer an academic | 24 | | examination;
| 25 | | (ii) information received by a primary or | 26 | | secondary school, college, or university under its |
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| 1 | | procedures for the evaluation of faculty members by | 2 | | their academic peers; | 3 | | (iii) information concerning a school or | 4 | | university's adjudication of student disciplinary | 5 | | cases, but only to the extent that disclosure would | 6 | | unavoidably reveal the identity of the student; and | 7 | | (iv) course materials or research materials used | 8 | | by faculty members. | 9 | | (k) Architects' plans, engineers' technical | 10 | | submissions, and
other
construction related technical | 11 | | documents for
projects not constructed or developed in | 12 | | whole or in part with public funds
and the same for | 13 | | projects constructed or developed with public funds, | 14 | | including, but not limited to, power generating and | 15 | | distribution stations and other transmission and | 16 | | distribution facilities, water treatment facilities, | 17 | | airport facilities, sport stadiums, convention centers, | 18 | | and all government owned, operated, or occupied buildings, | 19 | | but
only to the extent
that disclosure would compromise | 20 | | security.
| 21 | | (l) Minutes of meetings of public bodies closed to the
| 22 | | public as provided in the Open Meetings Act until the | 23 | | public body
makes the minutes available to the public | 24 | | under Section 2.06 of the Open
Meetings Act.
| 25 | | (m) Communications between a public body and an | 26 | | attorney or auditor
representing the public body that |
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| 1 | | would not be subject to discovery in
litigation, and | 2 | | materials prepared or compiled by or for a public body in
| 3 | | anticipation of a criminal, civil, or administrative | 4 | | proceeding upon the
request of an attorney advising the | 5 | | public body, and materials prepared or
compiled with | 6 | | respect to internal audits of public bodies.
| 7 | | (n) Records relating to a public body's adjudication | 8 | | of employee grievances or disciplinary cases; however, | 9 | | this exemption shall not extend to the final outcome of | 10 | | cases in which discipline is imposed.
| 11 | | (o) Administrative or technical information associated | 12 | | with automated
data processing operations, including, but | 13 | | not limited to, software,
operating protocols, computer | 14 | | program abstracts, file layouts, source
listings, object | 15 | | modules, load modules, user guides, documentation
| 16 | | pertaining to all logical and physical design of | 17 | | computerized systems,
employee manuals, and any other | 18 | | information that, if disclosed, would
jeopardize the | 19 | | security of the system or its data or the security of
| 20 | | materials exempt under this Section.
| 21 | | (p) Records relating to collective negotiating matters
| 22 | | between public bodies and their employees or | 23 | | representatives, except that
any final contract or | 24 | | agreement shall be subject to inspection and copying.
| 25 | | (q) Test questions, scoring keys, and other | 26 | | examination data used to determine the qualifications of |
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| 1 | | an applicant for a license or employment.
| 2 | | (r) The records, documents, and information relating | 3 | | to real estate
purchase negotiations until those | 4 | | negotiations have been completed or
otherwise terminated. | 5 | | With regard to a parcel involved in a pending or
actually | 6 | | and reasonably contemplated eminent domain proceeding | 7 | | under the Eminent Domain Act, records, documents, and
| 8 | | information relating to that parcel shall be exempt except | 9 | | as may be
allowed under discovery rules adopted by the | 10 | | Illinois Supreme Court. The
records, documents, and | 11 | | information relating to a real estate sale shall be
exempt | 12 | | until a sale is consummated.
| 13 | | (s) Any and all proprietary information and records | 14 | | related to the
operation of an intergovernmental risk | 15 | | management association or
self-insurance pool or jointly | 16 | | self-administered health and accident
cooperative or pool.
| 17 | | Insurance or self insurance (including any | 18 | | intergovernmental risk management association or self | 19 | | insurance pool) claims, loss or risk management | 20 | | information, records, data, advice or communications.
| 21 | | (t) Information contained in or related to | 22 | | examination, operating, or
condition reports prepared by, | 23 | | on behalf of, or for the use of a public
body responsible | 24 | | for the regulation or supervision of financial
| 25 | | institutions, insurance companies, or pharmacy benefit | 26 | | managers, unless disclosure is otherwise
required by State |
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| 1 | | law.
| 2 | | (u) Information that would disclose
or might lead to | 3 | | the disclosure of
secret or confidential information, | 4 | | codes, algorithms, programs, or private
keys intended to | 5 | | be used to create electronic signatures under the Uniform | 6 | | Electronic Transactions Act.
| 7 | | (v) Vulnerability assessments, security measures, and | 8 | | response policies
or plans that are designed to identify, | 9 | | prevent, or respond to potential
attacks upon a | 10 | | community's population or systems, facilities, or | 11 | | installations,
the destruction or contamination of which | 12 | | would constitute a clear and present
danger to the health | 13 | | or safety of the community, but only to the extent that
| 14 | | disclosure could reasonably be expected to jeopardize the | 15 | | effectiveness of the
measures or the safety of the | 16 | | personnel who implement them or the public.
Information | 17 | | exempt under this item may include such things as details
| 18 | | pertaining to the mobilization or deployment of personnel | 19 | | or equipment, to the
operation of communication systems or | 20 | | protocols, or to tactical operations.
| 21 | | (w) (Blank). | 22 | | (x) Maps and other records regarding the location or | 23 | | security of generation, transmission, distribution, | 24 | | storage, gathering,
treatment, or switching facilities | 25 | | owned by a utility, by a power generator, or by the | 26 | | Illinois Power Agency.
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| 1 | | (y) Information contained in or related to proposals, | 2 | | bids, or negotiations related to electric power | 3 | | procurement under Section 1-75 of the Illinois Power | 4 | | Agency Act and Section 16-111.5 of the Public Utilities | 5 | | Act that is determined to be confidential and proprietary | 6 | | by the Illinois Power Agency or by the Illinois Commerce | 7 | | Commission.
| 8 | | (z) Information about students exempted from | 9 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 10 | | School Code, and information about undergraduate students | 11 | | enrolled at an institution of higher education exempted | 12 | | from disclosure under Section 25 of the Illinois Credit | 13 | | Card Marketing Act of 2009. | 14 | | (aa) Information the disclosure of which is
exempted | 15 | | under the Viatical Settlements Act of 2009.
| 16 | | (bb) Records and information provided to a mortality | 17 | | review team and records maintained by a mortality review | 18 | | team appointed under the Department of Juvenile Justice | 19 | | Mortality Review Team Act. | 20 | | (cc) Information regarding interments, entombments, or | 21 | | inurnments of human remains that are submitted to the | 22 | | Cemetery Oversight Database under the Cemetery Care Act or | 23 | | the Cemetery Oversight Act, whichever is applicable. | 24 | | (dd) Correspondence and records (i) that may not be | 25 | | disclosed under Section 11-9 of the Illinois Public Aid | 26 | | Code or (ii) that pertain to appeals under Section 11-8 of |
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| 1 | | the Illinois Public Aid Code. | 2 | | (ee) The names, addresses, or other personal | 3 | | information of persons who are minors and are also | 4 | | participants and registrants in programs of park | 5 | | districts, forest preserve districts, conservation | 6 | | districts, recreation agencies, and special recreation | 7 | | associations. | 8 | | (ff) The names, addresses, or other personal | 9 | | information of participants and registrants in programs of | 10 | | park districts, forest preserve districts, conservation | 11 | | districts, recreation agencies, and special recreation | 12 | | associations where such programs are targeted primarily to | 13 | | minors. | 14 | | (gg) Confidential information described in Section | 15 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 16 | | 2012. | 17 | | (hh) The report submitted to the State Board of | 18 | | Education by the School Security and Standards Task Force | 19 | | under item (8) of subsection (d) of Section 2-3.160 of the | 20 | | School Code and any information contained in that report. | 21 | | (ii) Records requested by persons committed to or | 22 | | detained by the Department of Human Services under the | 23 | | Sexually Violent Persons Commitment Act or committed to | 24 | | the Department of Corrections under the Sexually Dangerous | 25 | | Persons Act if those materials: (i) are available in the | 26 | | library of the facility where the individual is confined; |
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| 1 | | (ii) include records from staff members' personnel files, | 2 | | staff rosters, or other staffing assignment information; | 3 | | or (iii) are available through an administrative request | 4 | | to the Department of Human Services or the Department of | 5 | | Corrections. | 6 | | (jj) Confidential information described in Section | 7 | | 5-535 of the Civil Administrative Code of Illinois. | 8 | | (kk) The public body's credit card numbers, debit card | 9 | | numbers, bank account numbers, Federal Employer | 10 | | Identification Number, security code numbers, passwords, | 11 | | and similar account information, the disclosure of which | 12 | | could result in identity theft or impression or defrauding | 13 | | of a governmental entity or a person. | 14 | | (ll) Records concerning the work of the threat | 15 | | assessment team of a school district. | 16 | | (mm) Information prohibited from being disclosed under | 17 | | subsections (a) and (b) of Section 15 of the Student | 18 | | Confidential Reporting Act. | 19 | | (1.5) Any information exempt from disclosure under the | 20 | | Judicial Privacy Act shall be redacted from public records | 21 | | prior to disclosure under this Act. | 22 | | (2) A public record that is not in the possession of a | 23 | | public body but is in the possession of a party with whom the | 24 | | agency has contracted to perform a governmental function on | 25 | | behalf of the public body, and that directly relates to the | 26 | | governmental function and is not otherwise exempt under this |
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| 1 | | Act, shall be considered a public record of the public body, | 2 | | for purposes of this Act. | 3 | | (3) This Section does not authorize withholding of | 4 | | information or limit the
availability of records to the | 5 | | public, except as stated in this Section or
otherwise provided | 6 | | in this Act.
| 7 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 8 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 9 | | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.) | 10 | | Section 910. The Illinois State Police Law of the
Civil | 11 | | Administrative Code of Illinois is amended by adding Section | 12 | | 2605-620 as follows: | 13 | | (20 ILCS 2605/2605-620 new) | 14 | | Sec. 2605-620. School helpline program. The Illinois State | 15 | | Police shall establish a school helpline program in accordance | 16 | | with the Student Confidential Reporting Act. | 17 | | Section 915. The Juvenile Court Act of 1987 is amended by | 18 | | changing Sections 1-7 and 5-915 as follows:
| 19 | | (705 ILCS 405/1-7)
| 20 | | (Text of Section before amendment by P.A. 101-652 ) | 21 | | Sec. 1-7. Confidentiality of juvenile law enforcement and | 22 | | municipal ordinance violation records.
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| 1 | | (A) All juvenile law enforcement records which have not | 2 | | been expunged are confidential and may never be disclosed to | 3 | | the general public or otherwise made widely available. | 4 | | Juvenile law enforcement records may be obtained only under | 5 | | this Section and Section 1-8 and Part 9 of Article V of this | 6 | | Act, when their use is needed for good cause and with an order | 7 | | from the juvenile court, as required by those not authorized | 8 | | to retain them. Inspection, copying, and disclosure of | 9 | | juvenile law enforcement records maintained by law
enforcement | 10 | | agencies or records of municipal ordinance violations | 11 | | maintained by any State, local, or municipal agency that | 12 | | relate to a minor who has been investigated, arrested, or | 13 | | taken
into custody before his or her 18th birthday shall be | 14 | | restricted to the
following:
| 15 | | (0.05) The minor who is the subject of the juvenile | 16 | | law enforcement record, his or her parents, guardian, and | 17 | | counsel. | 18 | | (0.10) Judges of the circuit court and members of the | 19 | | staff of the court designated by the judge. | 20 | | (0.15) An administrative adjudication hearing officer | 21 | | or members of the staff designated to assist in the | 22 | | administrative adjudication process. | 23 | | (1) Any local, State, or federal law enforcement | 24 | | officers or designated law enforcement staff of any
| 25 | | jurisdiction or agency when necessary for the discharge of | 26 | | their official
duties during the investigation or |
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| 1 | | prosecution of a crime or relating to a
minor who has been | 2 | | adjudicated delinquent and there has been a previous | 3 | | finding
that the act which constitutes the previous | 4 | | offense was committed in
furtherance of criminal | 5 | | activities by a criminal street gang, or, when necessary | 6 | | for the discharge of its official duties in connection | 7 | | with a particular investigation of the conduct of a law | 8 | | enforcement officer, an independent agency or its staff | 9 | | created by ordinance and charged by a unit of local | 10 | | government with the duty of investigating the conduct of | 11 | | law enforcement officers. For purposes of
this Section, | 12 | | "criminal street gang" has the meaning ascribed to it in
| 13 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 14 | | Prevention Act.
| 15 | | (2) Prosecutors, public defenders, probation officers, | 16 | | social workers, or other
individuals assigned by the court | 17 | | to conduct a pre-adjudication or
pre-disposition | 18 | | investigation, and individuals responsible for supervising
| 19 | | or providing temporary or permanent care and custody for | 20 | | minors under
the order of the juvenile court, when | 21 | | essential to performing their
responsibilities.
| 22 | | (3) Federal, State, or local prosecutors, public | 23 | | defenders, probation officers, and designated staff:
| 24 | | (a) in the course of a trial when institution of | 25 | | criminal proceedings
has been permitted or required | 26 | | under Section 5-805;
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| 1 | | (b) when institution of criminal proceedings has | 2 | | been permitted or required under Section 5-805 and the | 3 | | minor is the
subject
of a proceeding to determine the | 4 | | amount of bail;
| 5 | | (c) when criminal proceedings have been permitted
| 6 | | or
required under Section 5-805 and the minor is the | 7 | | subject of a
pre-trial
investigation, pre-sentence | 8 | | investigation, fitness hearing, or proceedings
on an | 9 | | application for probation; or
| 10 | | (d) in the course of prosecution or administrative | 11 | | adjudication of a violation of a traffic, boating, or | 12 | | fish and game law, or a county or municipal ordinance. | 13 | | (4) Adult and Juvenile Prisoner Review Board.
| 14 | | (5) Authorized military personnel.
| 15 | | (5.5) Employees of the federal government authorized | 16 | | by law. | 17 | | (6) Persons engaged in bona fide research, with the | 18 | | permission of the
Presiding Judge and the chief executive | 19 | | of the respective
law enforcement agency; provided that | 20 | | publication of such research results
in no disclosure of a | 21 | | minor's identity and protects the confidentiality
of the | 22 | | minor's record.
| 23 | | (7) Department of Children and Family Services child | 24 | | protection
investigators acting in their official | 25 | | capacity.
| 26 | | (8) The appropriate school official only if the agency |
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| 1 | | or officer believes that there is an imminent threat of | 2 | | physical harm to students, school personnel, or others who | 3 | | are present in the school or on school grounds. | 4 | | (A) Inspection and copying
shall be limited to | 5 | | juvenile law enforcement records transmitted to the | 6 | | appropriate
school official or officials whom the | 7 | | school has determined to have a legitimate educational | 8 | | or safety interest by a local law enforcement agency | 9 | | under a reciprocal reporting
system established and | 10 | | maintained between the school district and the local | 11 | | law
enforcement agency under Section 10-20.14 of the | 12 | | School Code concerning a minor
enrolled in a school | 13 | | within the school district who has been arrested or | 14 | | taken
into custody for any of the following offenses:
| 15 | | (i) any violation of Article 24 of the | 16 | | Criminal Code of
1961 or the Criminal Code of | 17 | | 2012;
| 18 | | (ii) a violation of the Illinois Controlled | 19 | | Substances Act;
| 20 | | (iii) a violation of the Cannabis Control Act;
| 21 | | (iv) a forcible felony as defined in Section | 22 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 23 | | Code of 2012; | 24 | | (v) a violation of the Methamphetamine Control | 25 | | and Community Protection Act;
| 26 | | (vi) a violation of Section 1-2 of the |
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| 1 | | Harassing and Obscene Communications Act; | 2 | | (vii) a violation of the Hazing Act; or | 3 | | (viii) a violation of Section 12-1, 12-2, | 4 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 5 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 6 | | Criminal Code of 1961 or the Criminal Code of | 7 | | 2012. | 8 | | The information derived from the juvenile law | 9 | | enforcement records shall be kept separate from and | 10 | | shall not become a part of the official school record | 11 | | of that child and shall not be a public record. The | 12 | | information shall be used solely by the appropriate | 13 | | school official or officials whom the school has | 14 | | determined to have a legitimate educational or safety | 15 | | interest to aid in the proper rehabilitation of the | 16 | | child and to protect the safety of students and | 17 | | employees in the school. If the designated law | 18 | | enforcement and school officials deem it to be in the | 19 | | best interest of the minor, the student may be | 20 | | referred to in-school or community-based social | 21 | | services if those services are available. | 22 | | "Rehabilitation services" may include interventions by | 23 | | school support personnel, evaluation for eligibility | 24 | | for special education, referrals to community-based | 25 | | agencies such as youth services, behavioral healthcare | 26 | | service providers, drug and alcohol prevention or |
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| 1 | | treatment programs, and other interventions as deemed | 2 | | appropriate for the student. | 3 | | (B) Any information provided to appropriate school | 4 | | officials whom the school has determined to have a | 5 | | legitimate educational or safety interest by local law | 6 | | enforcement officials about a minor who is the subject | 7 | | of a current police investigation that is directly | 8 | | related to school safety shall consist of oral | 9 | | information only, and not written juvenile law | 10 | | enforcement records, and shall be used solely by the | 11 | | appropriate school official or officials to protect | 12 | | the safety of students and employees in the school and | 13 | | aid in the proper rehabilitation of the child. The | 14 | | information derived orally from the local law | 15 | | enforcement officials shall be kept separate from and | 16 | | shall not become a part of the official school record | 17 | | of the child and shall not be a public record. This | 18 | | limitation on the use of information about a minor who | 19 | | is the subject of a current police investigation shall | 20 | | in no way limit the use of this information by | 21 | | prosecutors in pursuing criminal charges arising out | 22 | | of the information disclosed during a police | 23 | | investigation of the minor. For purposes of this | 24 | | paragraph, "investigation" means an official | 25 | | systematic inquiry by a law enforcement agency into | 26 | | actual or suspected criminal activity. |
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| 1 | | (9) Mental health professionals on behalf of the | 2 | | Department of
Corrections or the Department of Human | 3 | | Services or prosecutors who are
evaluating, prosecuting, | 4 | | or investigating a potential or actual petition
brought
| 5 | | under the Sexually Violent Persons Commitment Act relating | 6 | | to a person who is
the
subject of juvenile law enforcement | 7 | | records or the respondent to a petition
brought under the | 8 | | Sexually Violent Persons Commitment Act who is the subject | 9 | | of
the
juvenile law enforcement records sought.
Any | 10 | | juvenile law enforcement records and any information | 11 | | obtained from those juvenile law enforcement records under | 12 | | this
paragraph (9) may be used only in sexually violent | 13 | | persons commitment
proceedings.
| 14 | | (10) The president of a park district. Inspection and | 15 | | copying shall be limited to juvenile law enforcement | 16 | | records transmitted to the president of the park district | 17 | | by the Illinois State Police under Section 8-23 of the | 18 | | Park District Code or Section 16a-5 of the Chicago Park | 19 | | District Act concerning a person who is seeking employment | 20 | | with that park district and who has been adjudicated a | 21 | | juvenile delinquent for any of the offenses listed in | 22 | | subsection (c) of Section 8-23 of the Park District Code | 23 | | or subsection (c) of Section 16a-5 of the Chicago Park | 24 | | District Act. | 25 | | (11) Persons managing and designated to participate in | 26 | | a court diversion program as designated in subsection (6) |
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| 1 | | of Section 5-105. | 2 | | (12) The Public Access Counselor of the Office of the | 3 | | Attorney General, when reviewing juvenile law enforcement | 4 | | records under its powers and duties under the Freedom of | 5 | | Information Act. | 6 | | (13) Collection agencies, contracted or otherwise | 7 | | engaged by a governmental entity, to collect any debts due | 8 | | and owing to the governmental entity. | 9 | | (B)(1) Except as provided in paragraph (2), no law | 10 | | enforcement
officer or other person or agency may knowingly | 11 | | transmit to the Department of
Corrections, the Illinois State | 12 | | Police, or the Federal
Bureau of Investigation any fingerprint | 13 | | or photograph relating to a minor who
has been arrested or | 14 | | taken into custody before his or her 18th birthday,
unless the | 15 | | court in proceedings under this Act authorizes the | 16 | | transmission or
enters an order under Section 5-805 permitting | 17 | | or requiring the
institution of
criminal proceedings.
| 18 | | (2) Law enforcement officers or other persons or agencies | 19 | | shall transmit
to the Illinois State Police copies of | 20 | | fingerprints and descriptions
of all minors who have been | 21 | | arrested or taken into custody before their
18th birthday for | 22 | | the offense of unlawful use of weapons under Article 24 of
the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | 24 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 | 25 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | 26 | | Class 2 or greater
felony under the Cannabis Control Act, the |
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| 1 | | Illinois Controlled Substances Act, the Methamphetamine | 2 | | Control and Community Protection Act,
or Chapter 4 of the | 3 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | 4 | | Identification Act. Information reported to the Department | 5 | | pursuant
to this Section may be maintained with records that | 6 | | the Department files
pursuant to Section 2.1 of the Criminal | 7 | | Identification Act. Nothing in this
Act prohibits a law | 8 | | enforcement agency from fingerprinting a minor taken into
| 9 | | custody or arrested before his or her 18th birthday for an | 10 | | offense other than
those listed in this paragraph (2).
| 11 | | (C) The records of law enforcement officers, or of an | 12 | | independent agency created by ordinance and charged by a unit | 13 | | of local government with the duty of investigating the conduct | 14 | | of law enforcement officers, concerning all minors under
18 | 15 | | years of age must be maintained separate from the records of | 16 | | arrests and
may not be open to public inspection or their | 17 | | contents disclosed to the
public. For purposes of obtaining | 18 | | documents under this Section, a civil subpoena is not an order | 19 | | of the court. | 20 | | (1) In cases where the law enforcement, or independent | 21 | | agency, records concern a pending juvenile court case, the | 22 | | party seeking to inspect the records shall provide actual | 23 | | notice to the attorney or guardian ad litem of the minor | 24 | | whose records are sought. | 25 | | (2) In cases where the records concern a juvenile | 26 | | court case that is no longer pending, the party seeking to |
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| 1 | | inspect the records shall provide actual notice to the | 2 | | minor or the minor's parent or legal guardian, and the | 3 | | matter shall be referred to the chief judge presiding over | 4 | | matters pursuant to this Act. | 5 | | (3) In determining whether the records should be | 6 | | available for inspection, the court shall consider the | 7 | | minor's interest in confidentiality and rehabilitation | 8 | | over the moving party's interest in obtaining the | 9 | | information. Any records obtained in violation of this | 10 | | subsection (C) shall not be admissible in any criminal or | 11 | | civil proceeding, or operate to disqualify a minor from | 12 | | subsequently holding public office or securing employment, | 13 | | or operate as a forfeiture of any public benefit, right, | 14 | | privilege, or right to receive any license granted by | 15 | | public authority.
| 16 | | (D) Nothing contained in subsection (C) of this Section | 17 | | shall prohibit
the inspection or disclosure to victims and | 18 | | witnesses of photographs
contained in the records of law | 19 | | enforcement agencies when the
inspection and disclosure is | 20 | | conducted in the presence of a law enforcement
officer for the | 21 | | purpose of the identification or apprehension of any person
| 22 | | subject to the provisions of this Act or for the investigation | 23 | | or
prosecution of any crime.
| 24 | | (E) Law enforcement officers, and personnel of an | 25 | | independent agency created by ordinance and charged by a unit | 26 | | of local government with the duty of investigating the conduct |
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| 1 | | of law enforcement officers, may not disclose the identity of | 2 | | any minor
in releasing information to the general public as to | 3 | | the arrest, investigation
or disposition of any case involving | 4 | | a minor.
| 5 | | (F) Nothing contained in this Section shall prohibit law | 6 | | enforcement
agencies from communicating with each other by | 7 | | letter, memorandum, teletype, or
intelligence alert bulletin | 8 | | or other means the identity or other relevant
information | 9 | | pertaining to a person under 18 years of age if there are
| 10 | | reasonable grounds to believe that the person poses a real and | 11 | | present danger
to the safety of the public or law enforcement | 12 | | officers. The information
provided under this subsection (F) | 13 | | shall remain confidential and shall not
be publicly disclosed, | 14 | | except as otherwise allowed by law.
| 15 | | (G) Nothing in this Section shall prohibit the right of a | 16 | | Civil Service
Commission or appointing authority of any | 17 | | federal government, state, county or municipality
examining | 18 | | the character and fitness of an applicant for employment with | 19 | | a law
enforcement agency, correctional institution, or fire | 20 | | department
from obtaining and examining the
records of any law | 21 | | enforcement agency relating to any record of the applicant
| 22 | | having been arrested or taken into custody before the | 23 | | applicant's 18th
birthday.
| 24 | | (G-5) Information identifying victims and alleged victims | 25 | | of sex offenses shall not be disclosed or open to the public | 26 | | under any circumstances. Nothing in this Section shall |
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| 1 | | prohibit the victim or alleged victim of any sex offense from | 2 | | voluntarily disclosing his or her own identity. | 3 | | (H) The changes made to this Section by Public Act 98-61 | 4 | | apply to law enforcement records of a minor who has been | 5 | | arrested or taken into custody on or after January 1, 2014 (the | 6 | | effective date of Public Act 98-61). | 7 | | (H-5) Nothing in this Section shall require any court or | 8 | | adjudicative proceeding for traffic, boating, fish and game | 9 | | law, or municipal and county ordinance violations to be closed | 10 | | to the public. | 11 | | (I) Willful violation of this Section is a Class C | 12 | | misdemeanor and each violation is subject to a fine of $1,000. | 13 | | This subsection (I) shall not apply to the person who is the | 14 | | subject of the record. | 15 | | (J) A person convicted of violating this Section is liable | 16 | | for damages in the amount of $1,000 or actual damages, | 17 | | whichever is greater. | 18 | | (Source: P.A. 102-538, eff. 8-20-21.) | 19 | | (Text of Section after amendment by P.A. 101-652 )
| 20 | | Sec. 1-7. Confidentiality of juvenile law enforcement and | 21 | | municipal ordinance violation records.
| 22 | | (A) All juvenile law enforcement records which have not | 23 | | been expunged are confidential and may never be disclosed to | 24 | | the general public or otherwise made widely available. | 25 | | Juvenile law enforcement records may be obtained only under |
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| 1 | | this Section and Section 1-8 and Part 9 of Article V of this | 2 | | Act, when their use is needed for good cause and with an order | 3 | | from the juvenile court, as required by those not authorized | 4 | | to retain them. Inspection, copying, and disclosure of | 5 | | juvenile law enforcement records maintained by law
enforcement | 6 | | agencies or records of municipal ordinance violations | 7 | | maintained by any State, local, or municipal agency that | 8 | | relate to a minor who has been investigated, arrested, or | 9 | | taken
into custody before his or her 18th birthday shall be | 10 | | restricted to the
following:
| 11 | | (0.05) The minor who is the subject of the juvenile | 12 | | law enforcement record, his or her parents, guardian, and | 13 | | counsel. | 14 | | (0.10) Judges of the circuit court and members of the | 15 | | staff of the court designated by the judge. | 16 | | (0.15) An administrative adjudication hearing officer | 17 | | or members of the staff designated to assist in the | 18 | | administrative adjudication process. | 19 | | (1) Any local, State, or federal law enforcement | 20 | | officers or designated law enforcement staff of any
| 21 | | jurisdiction or agency when necessary for the discharge of | 22 | | their official
duties during the investigation or | 23 | | prosecution of a crime or relating to a
minor who has been | 24 | | adjudicated delinquent and there has been a previous | 25 | | finding
that the act which constitutes the previous | 26 | | offense was committed in
furtherance of criminal |
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| 1 | | activities by a criminal street gang, or, when necessary | 2 | | for the discharge of its official duties in connection | 3 | | with a particular investigation of the conduct of a law | 4 | | enforcement officer, an independent agency or its staff | 5 | | created by ordinance and charged by a unit of local | 6 | | government with the duty of investigating the conduct of | 7 | | law enforcement officers. For purposes of
this Section, | 8 | | "criminal street gang" has the meaning ascribed to it in
| 9 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 10 | | Prevention Act.
| 11 | | (2) Prosecutors, public defenders, probation officers, | 12 | | social workers, or other
individuals assigned by the court | 13 | | to conduct a pre-adjudication or
pre-disposition | 14 | | investigation, and individuals responsible for supervising
| 15 | | or providing temporary or permanent care and custody for | 16 | | minors under
the order of the juvenile court, when | 17 | | essential to performing their
responsibilities.
| 18 | | (3) Federal, State, or local prosecutors, public | 19 | | defenders, probation officers, and designated staff:
| 20 | | (a) in the course of a trial when institution of | 21 | | criminal proceedings
has been permitted or required | 22 | | under Section 5-805;
| 23 | | (b) when institution of criminal proceedings has | 24 | | been permitted or required under Section 5-805 and the | 25 | | minor is the
subject
of a proceeding to determine the | 26 | | conditions of pretrial release;
|
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| 1 | | (c) when criminal proceedings have been permitted
| 2 | | or
required under Section 5-805 and the minor is the | 3 | | subject of a
pre-trial
investigation, pre-sentence | 4 | | investigation, fitness hearing, or proceedings
on an | 5 | | application for probation; or
| 6 | | (d) in the course of prosecution or administrative | 7 | | adjudication of a violation of a traffic, boating, or | 8 | | fish and game law, or a county or municipal ordinance. | 9 | | (4) Adult and Juvenile Prisoner Review Board.
| 10 | | (5) Authorized military personnel.
| 11 | | (5.5) Employees of the federal government authorized | 12 | | by law. | 13 | | (6) Persons engaged in bona fide research, with the | 14 | | permission of the
Presiding Judge and the chief executive | 15 | | of the respective
law enforcement agency; provided that | 16 | | publication of such research results
in no disclosure of a | 17 | | minor's identity and protects the confidentiality
of the | 18 | | minor's record.
| 19 | | (7) Department of Children and Family Services child | 20 | | protection
investigators acting in their official | 21 | | capacity.
| 22 | | (8) The appropriate school official only if the agency | 23 | | or officer believes that there is an imminent threat of | 24 | | physical harm to students, school personnel, or others who | 25 | | are present in the school or on school grounds . | 26 | | (A) Inspection and copying
shall be limited to |
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| 1 | | juvenile law enforcement records transmitted to the | 2 | | appropriate
school official or officials whom the | 3 | | school has determined to have a legitimate educational | 4 | | or safety interest by a local law enforcement agency | 5 | | under a reciprocal reporting
system established and | 6 | | maintained between the school district and the local | 7 | | law
enforcement agency under Section 10-20.14 of the | 8 | | School Code concerning a minor
enrolled in a school | 9 | | within the school district who has been arrested or | 10 | | taken
into custody for any of the following offenses:
| 11 | | (i) any violation of Article 24 of the | 12 | | Criminal Code of
1961 or the Criminal Code of | 13 | | 2012;
| 14 | | (ii) a violation of the Illinois Controlled | 15 | | Substances Act;
| 16 | | (iii) a violation of the Cannabis Control Act;
| 17 | | (iv) a forcible felony as defined in Section | 18 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 19 | | Code of 2012; | 20 | | (v) a violation of the Methamphetamine Control | 21 | | and Community Protection Act;
| 22 | | (vi) a violation of Section 1-2 of the | 23 | | Harassing and Obscene Communications Act; | 24 | | (vii) a violation of the Hazing Act; or | 25 | | (viii) a violation of Section 12-1, 12-2, | 26 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
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| 1 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 2 | | Criminal Code of 1961 or the Criminal Code of | 3 | | 2012. | 4 | | The information derived from the juvenile law | 5 | | enforcement records shall be kept separate from and | 6 | | shall not become a part of the official school record | 7 | | of that child and shall not be a public record. The | 8 | | information shall be used solely by the appropriate | 9 | | school official or officials whom the school has | 10 | | determined to have a legitimate educational or safety | 11 | | interest to aid in the proper rehabilitation of the | 12 | | child and to protect the safety of students and | 13 | | employees in the school. If the designated law | 14 | | enforcement and school officials deem it to be in the | 15 | | best interest of the minor, the student may be | 16 | | referred to in-school or community-based social | 17 | | services if those services are available. | 18 | | "Rehabilitation services" may include interventions by | 19 | | school support personnel, evaluation for eligibility | 20 | | for special education, referrals to community-based | 21 | | agencies such as youth services, behavioral healthcare | 22 | | service providers, drug and alcohol prevention or | 23 | | treatment programs, and other interventions as deemed | 24 | | appropriate for the student. | 25 | | (B) Any information provided to appropriate school | 26 | | officials whom the school has determined to have a |
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| 1 | | legitimate educational or safety interest by local law | 2 | | enforcement officials about a minor who is the subject | 3 | | of a current police investigation that is directly | 4 | | related to school safety shall consist of oral | 5 | | information only, and not written juvenile law | 6 | | enforcement records, and shall be used solely by the | 7 | | appropriate school official or officials to protect | 8 | | the safety of students and employees in the school and | 9 | | aid in the proper rehabilitation of the child. The | 10 | | information derived orally from the local law | 11 | | enforcement officials shall be kept separate from and | 12 | | shall not become a part of the official school record | 13 | | of the child and shall not be a public record. This | 14 | | limitation on the use of information about a minor who | 15 | | is the subject of a current police investigation shall | 16 | | in no way limit the use of this information by | 17 | | prosecutors in pursuing criminal charges arising out | 18 | | of the information disclosed during a police | 19 | | investigation of the minor. For purposes of this | 20 | | paragraph, "investigation" means an official | 21 | | systematic inquiry by a law enforcement agency into | 22 | | actual or suspected criminal activity. | 23 | | (9) Mental health professionals on behalf of the | 24 | | Department of
Corrections or the Department of Human | 25 | | Services or prosecutors who are
evaluating, prosecuting, | 26 | | or investigating a potential or actual petition
brought
|
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| 1 | | under the Sexually Violent Persons Commitment Act relating | 2 | | to a person who is
the
subject of juvenile law enforcement | 3 | | records or the respondent to a petition
brought under the | 4 | | Sexually Violent Persons Commitment Act who is the subject | 5 | | of
the
juvenile law enforcement records sought.
Any | 6 | | juvenile law enforcement records and any information | 7 | | obtained from those juvenile law enforcement records under | 8 | | this
paragraph (9) may be used only in sexually violent | 9 | | persons commitment
proceedings.
| 10 | | (10) The president of a park district. Inspection and | 11 | | copying shall be limited to juvenile law enforcement | 12 | | records transmitted to the president of the park district | 13 | | by the Illinois State Police under Section 8-23 of the | 14 | | Park District Code or Section 16a-5 of the Chicago Park | 15 | | District Act concerning a person who is seeking employment | 16 | | with that park district and who has been adjudicated a | 17 | | juvenile delinquent for any of the offenses listed in | 18 | | subsection (c) of Section 8-23 of the Park District Code | 19 | | or subsection (c) of Section 16a-5 of the Chicago Park | 20 | | District Act. | 21 | | (11) Persons managing and designated to participate in | 22 | | a court diversion program as designated in subsection (6) | 23 | | of Section 5-105. | 24 | | (12) The Public Access Counselor of the Office of the | 25 | | Attorney General, when reviewing juvenile law enforcement | 26 | | records under its powers and duties under the Freedom of |
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| 1 | | Information Act. | 2 | | (13) Collection agencies, contracted or otherwise | 3 | | engaged by a governmental entity, to collect any debts due | 4 | | and owing to the governmental entity. | 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, the Illinois State | 8 | | Police, or the Federal
Bureau of Investigation any fingerprint | 9 | | or photograph relating to a minor who
has been arrested or | 10 | | taken into custody before his or her 18th birthday,
unless the | 11 | | court in proceedings under this Act authorizes the | 12 | | transmission or
enters an order under Section 5-805 permitting | 13 | | or requiring the
institution of
criminal proceedings.
| 14 | | (2) Law enforcement officers or other persons or agencies | 15 | | shall transmit
to the Illinois State Police copies of | 16 | | fingerprints and descriptions
of all minors who have been | 17 | | arrested or taken into custody before their
18th birthday for | 18 | | the offense of unlawful use of weapons under Article 24 of
the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | 20 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 | 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | 22 | | Class 2 or greater
felony under the Cannabis Control Act, the | 23 | | Illinois Controlled Substances Act, the Methamphetamine | 24 | | Control and Community Protection Act,
or Chapter 4 of the | 25 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | 26 | | Identification Act. Information reported to the Department |
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| 1 | | pursuant
to this Section may be maintained with records that | 2 | | the Department files
pursuant to Section 2.1 of the Criminal | 3 | | Identification Act. Nothing in this
Act prohibits a law | 4 | | enforcement agency from fingerprinting a minor taken into
| 5 | | custody or arrested before his or her 18th birthday for an | 6 | | offense other than
those listed in this paragraph (2).
| 7 | | (C) The records of law enforcement officers, or of an | 8 | | independent agency created by ordinance and charged by a unit | 9 | | of local government with the duty of investigating the conduct | 10 | | of law enforcement officers, concerning all minors under
18 | 11 | | years of age must be maintained separate from the records of | 12 | | arrests and
may not be open to public inspection or their | 13 | | contents disclosed to the
public. For purposes of obtaining | 14 | | documents under this Section, a civil subpoena is not an order | 15 | | of the court. | 16 | | (1) In cases where the law enforcement, or independent | 17 | | agency, records concern a pending juvenile court case, the | 18 | | party seeking to inspect the records shall provide actual | 19 | | notice to the attorney or guardian ad litem of the minor | 20 | | whose records are sought. | 21 | | (2) In cases where the records concern a juvenile | 22 | | court case that is no longer pending, the party seeking to | 23 | | inspect the records shall provide actual notice to the | 24 | | minor or the minor's parent or legal guardian, and the | 25 | | matter shall be referred to the chief judge presiding over | 26 | | matters pursuant to this Act. |
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| 1 | | (3) In determining whether the records should be | 2 | | available for inspection, the court shall consider the | 3 | | minor's interest in confidentiality and rehabilitation | 4 | | over the moving party's interest in obtaining the | 5 | | information. Any records obtained in violation of this | 6 | | subsection (C) shall not be admissible in any criminal or | 7 | | civil proceeding, or operate to disqualify a minor from | 8 | | subsequently holding public office or securing employment, | 9 | | or operate as a forfeiture of any public benefit, right, | 10 | | privilege, or right to receive any license granted by | 11 | | public authority.
| 12 | | (D) Nothing contained in subsection (C) of this Section | 13 | | shall prohibit
the inspection or disclosure to victims and | 14 | | witnesses of photographs
contained in the records of law | 15 | | enforcement agencies when the
inspection and disclosure is | 16 | | conducted in the presence of a law enforcement
officer for the | 17 | | purpose of the identification or apprehension of any person
| 18 | | subject to the provisions of this Act or for the investigation | 19 | | or
prosecution of any crime.
| 20 | | (E) Law enforcement officers, and personnel of an | 21 | | independent agency created by ordinance and charged by a unit | 22 | | of local government with the duty of investigating the conduct | 23 | | of law enforcement officers, may not disclose the identity of | 24 | | any minor
in releasing information to the general public as to | 25 | | the arrest, investigation
or disposition of any case involving | 26 | | a minor.
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| 1 | | (F) Nothing contained in this Section shall prohibit law | 2 | | enforcement
agencies from communicating with each other by | 3 | | letter, memorandum, teletype, or
intelligence alert bulletin | 4 | | or other means the identity or other relevant
information | 5 | | pertaining to a person under 18 years of age if there are
| 6 | | reasonable grounds to believe that the person poses a real and | 7 | | present danger
to the safety of the public or law enforcement | 8 | | officers. The information
provided under this subsection (F) | 9 | | shall remain confidential and shall not
be publicly disclosed, | 10 | | except as otherwise allowed by law.
| 11 | | (G) Nothing in this Section shall prohibit the right of a | 12 | | Civil Service
Commission or appointing authority of any | 13 | | federal government, state, county or municipality
examining | 14 | | the character and fitness of an applicant for employment with | 15 | | a law
enforcement agency, correctional institution, or fire | 16 | | department
from obtaining and examining the
records of any law | 17 | | enforcement agency relating to any record of the applicant
| 18 | | having been arrested or taken into custody before the | 19 | | applicant's 18th
birthday.
| 20 | | (G-5) Information identifying victims and alleged victims | 21 | | of sex offenses shall not be disclosed or open to the public | 22 | | under any circumstances. Nothing in this Section shall | 23 | | prohibit the victim or alleged victim of any sex offense from | 24 | | voluntarily disclosing his or her own identity. | 25 | | (H) The changes made to this Section by Public Act 98-61 | 26 | | apply to law enforcement records of a minor who has been |
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| 1 | | arrested or taken into custody on or after January 1, 2014 (the | 2 | | effective date of Public Act 98-61). | 3 | | (H-5) Nothing in this Section shall require any court or | 4 | | adjudicative proceeding for traffic, boating, fish and game | 5 | | law, or municipal and county ordinance violations to be closed | 6 | | to the public. | 7 | | (I) Willful violation of this Section is a Class C | 8 | | misdemeanor and each violation is subject to a fine of $1,000. | 9 | | This subsection (I) shall not apply to the person who is the | 10 | | subject of the record. | 11 | | (J) A person convicted of violating this Section is liable | 12 | | for damages in the amount of $1,000 or actual damages, | 13 | | whichever is greater. | 14 | | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | 15 | | revised 10-13-21.)
| 16 | | (705 ILCS 405/5-915)
| 17 | | Sec. 5-915. Expungement of juvenile law enforcement and | 18 | | juvenile court records.
| 19 | | (0.05) (Blank). | 20 | | (0.1) (a) The Illinois State Police and all law | 21 | | enforcement agencies within the State shall automatically | 22 | | expunge, on or before January 1 of each year, except as | 23 | | described in paragraph (c) of subsection (0.1), all juvenile | 24 | | law enforcement records relating to events occurring before an | 25 | | individual's 18th birthday if: |
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| 1 | | (1) one year or more has elapsed since the date of the | 2 | | arrest or law enforcement interaction documented in the | 3 | | records; | 4 | | (2) no petition for delinquency or criminal charges | 5 | | were filed with the clerk of the circuit court relating to | 6 | | the arrest or law enforcement interaction documented in | 7 | | the records; and | 8 | | (3) 6 months have elapsed since the date of the arrest | 9 | | without an additional subsequent arrest or filing of a | 10 | | petition for delinquency or criminal charges whether | 11 | | related or not to the arrest or law enforcement | 12 | | interaction documented in the records. | 13 | | (b) If the law enforcement agency is unable to verify | 14 | | satisfaction of conditions (2) and (3) of this subsection | 15 | | (0.1), records that satisfy condition (1) of this subsection | 16 | | (0.1) shall be automatically expunged if the records relate to | 17 | | an offense that if committed by an adult would not be an | 18 | | offense classified as a Class 2 felony or higher, an offense | 19 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 20 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | 21 | | 12-15, or 12-16 of the Criminal Code of 1961. | 22 | | (c) If the juvenile law enforcement record was received | 23 | | through a public submission to a statewide student | 24 | | confidential reporting system administered by the Illinois | 25 | | State Police, the record will maintained for a period of 5 | 26 | | years according to all other provisions in subsection (0.1). |
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| 1 | | (0.15) If a juvenile law enforcement record meets | 2 | | paragraph (a) of subsection (0.1) of this Section, a juvenile | 3 | | law enforcement record created: | 4 | | (1) prior to January 1, 2018, but on or after January | 5 | | 1, 2013 shall be automatically expunged prior to January | 6 | | 1, 2020; | 7 | | (2) prior to January 1, 2013, but on or after January | 8 | | 1, 2000, shall be automatically expunged prior to January | 9 | | 1, 2023; and | 10 | | (3) prior to January 1, 2000 shall not be subject to | 11 | | the automatic expungement provisions of this Act. | 12 | | Nothing in this subsection (0.15) shall be construed to | 13 | | restrict or modify an individual's right to have his or her | 14 | | juvenile law enforcement records expunged except as otherwise | 15 | | may be provided in this Act. | 16 | | (0.2) (a) Upon dismissal of a petition alleging | 17 | | delinquency or upon a finding of not delinquent, the | 18 | | successful termination of an order of supervision, or the | 19 | | successful termination of an adjudication for an offense which | 20 | | would be a Class B misdemeanor, Class C misdemeanor, or a petty | 21 | | or business offense if committed by an adult, the court shall | 22 | | automatically order the expungement of the juvenile court | 23 | | records and juvenile law enforcement records. The clerk shall | 24 | | deliver a certified copy of the expungement order to the | 25 | | Illinois State Police and the arresting agency. Upon request, | 26 | | the State's Attorney shall furnish the name of the arresting |
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| 1 | | agency. The expungement shall be completed within 60 business | 2 | | days after the receipt of the expungement order. | 3 | | (b) If the chief law enforcement officer of the agency, or | 4 | | his or her designee, certifies in writing that certain | 5 | | information is needed for a pending investigation involving | 6 | | the commission of a felony, that information, and information | 7 | | identifying the juvenile, may be retained until the statute of | 8 | | limitations for the felony has run. If the chief law | 9 | | enforcement officer of the agency, or his or her designee, | 10 | | certifies in writing that certain information is needed with | 11 | | respect to an internal investigation of any law enforcement | 12 | | office, that information and information identifying the | 13 | | juvenile may be retained within an intelligence file until the | 14 | | investigation is terminated or the disciplinary action, | 15 | | including appeals, has been completed, whichever is later. | 16 | | Retention of a portion of a juvenile's law enforcement record | 17 | | does not disqualify the remainder of his or her record from | 18 | | immediate automatic expungement. | 19 | | (0.3) (a) Upon an adjudication of delinquency based on any | 20 | | offense except a disqualified offense, the juvenile court | 21 | | shall automatically order the expungement of the juvenile | 22 | | court and law enforcement records 2 years after the juvenile's | 23 | | case was closed if no delinquency or criminal proceeding is | 24 | | pending and the person has had no subsequent delinquency | 25 | | adjudication or criminal conviction. The clerk shall deliver a | 26 | | certified copy of the expungement order to the Illinois State |
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| 1 | | Police and the arresting agency. Upon request, the State's | 2 | | Attorney shall furnish the name of the arresting agency. The | 3 | | expungement shall be completed within 60 business days after | 4 | | the receipt of the expungement order. In this subsection | 5 | | (0.3), "disqualified offense" means any of the following | 6 | | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, | 7 | | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | 8 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | 9 | | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | 10 | | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | 11 | | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | 12 | | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | 13 | | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | 14 | | subsection (b) of Section 8-1, paragraph (4) of subsection (a) | 15 | | of Section 11-14.4, subsection (a-5) of Section 12-3.1, | 16 | | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, | 17 | | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | 18 | | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of | 19 | | paragraph (1) of subsection (a) of Section 12-9, subparagraph | 20 | | (H) of paragraph (3) of subsection (a) of Section 24-1.6, | 21 | | paragraph (1) of subsection (a) of Section 25-1, or subsection | 22 | | (a-7) of Section 31-1 of the Criminal Code of 2012. | 23 | | (b) If the chief law enforcement officer of the agency, or | 24 | | his or her designee, certifies in writing that certain | 25 | | information is needed for a pending investigation involving | 26 | | the commission of a felony, that information, and information |
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| 1 | | identifying the juvenile, may be retained in an intelligence | 2 | | file until the investigation is terminated or for one | 3 | | additional year, whichever is sooner. Retention of a portion | 4 | | of a juvenile's juvenile law enforcement record does not | 5 | | disqualify the remainder of his or her record from immediate | 6 | | automatic expungement. | 7 | | (0.4) Automatic expungement for the purposes of this | 8 | | Section shall not require law enforcement agencies to | 9 | | obliterate or otherwise destroy juvenile law enforcement | 10 | | records that would otherwise need to be automatically expunged | 11 | | under this Act, except after 2 years following the subject | 12 | | arrest for purposes of use in civil litigation against a | 13 | | governmental entity or its law enforcement agency or personnel | 14 | | which created, maintained, or used the records. However, these | 15 | | juvenile law enforcement records shall be considered expunged | 16 | | for all other purposes during this period and the offense, | 17 | | which the records or files concern, shall be treated as if it | 18 | | never occurred as required under Section 5-923. | 19 | | (0.5) Subsection (0.1) or (0.2) of this Section does not | 20 | | apply to violations of traffic, boating, fish and game laws, | 21 | | or county or municipal ordinances. | 22 | | (0.6) Juvenile law enforcement records of a plaintiff who | 23 | | has filed civil litigation against the governmental entity or | 24 | | its law enforcement agency or personnel that created, | 25 | | maintained, or used the records, or juvenile law enforcement | 26 | | records that contain information related to the allegations |
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| 1 | | set forth in the civil litigation may not be expunged until | 2 | | after 2 years have elapsed after the conclusion of the | 3 | | lawsuit, including any appeal. | 4 | | (0.7) Officer-worn body camera recordings shall not be | 5 | | automatically expunged except as otherwise authorized by the | 6 | | Law Enforcement Officer-Worn Body Camera Act. | 7 | | (1) Whenever a person has been arrested, charged, or | 8 | | adjudicated delinquent for an incident occurring before his or | 9 | | her 18th birthday that if committed by an adult would be an | 10 | | offense, and that person's juvenile law enforcement and | 11 | | juvenile court records are not eligible for automatic | 12 | | expungement under subsection (0.1), (0.2), or (0.3), the
| 13 | | person may petition the court at any time for expungement of | 14 | | juvenile law
enforcement records and juvenile court records | 15 | | relating to the incident and, upon termination of all juvenile
| 16 | | court proceedings relating to that incident, the court shall | 17 | | order the expungement of all records in the possession of the | 18 | | Illinois State Police, the clerk of the circuit court, and law | 19 | | enforcement agencies relating to the incident, but only in any | 20 | | of the following circumstances:
| 21 | | (a) the minor was arrested and no petition for | 22 | | delinquency was filed with
the clerk of the circuit court; | 23 | | (a-5) the minor was charged with an offense and the | 24 | | petition or petitions were dismissed without a finding of | 25 | | delinquency;
| 26 | | (b) the minor was charged with an offense and was |
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| 1 | | found not delinquent of
that offense;
| 2 | | (c) the minor was placed under supervision under | 3 | | Section 5-615, and
the order of
supervision has since been | 4 | | successfully terminated; or
| 5 | | (d)
the minor was adjudicated for an offense which | 6 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 7 | | petty or business offense if committed by an adult.
| 8 | | (1.5) The Illinois State Police shall allow a person to | 9 | | use the Access and Review process, established in the Illinois | 10 | | State Police, for verifying that his or her juvenile law | 11 | | enforcement records relating to incidents occurring before his | 12 | | or her 18th birthday eligible under this Act have been | 13 | | expunged. | 14 | | (1.6) (Blank). | 15 | | (1.7) (Blank). | 16 | | (1.8) (Blank). | 17 | | (2) Any person whose delinquency adjudications are not | 18 | | eligible for automatic expungement under subsection (0.3) of | 19 | | this Section may petition the court to expunge all juvenile | 20 | | law enforcement records
relating to any
incidents occurring | 21 | | before his or her 18th birthday which did not result in
| 22 | | proceedings in criminal court and all juvenile court records | 23 | | with respect to
any adjudications except those based upon | 24 | | first degree
murder or an offense under Article 11 of the | 25 | | Criminal Code of 2012 if the person is required to register | 26 | | under the Sex Offender Registration Act at the time he or she |
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| 1 | | petitions the court for expungement; provided that 2 years | 2 | | have elapsed since all juvenile court proceedings relating to
| 3 | | him or her have been terminated and his or her commitment to | 4 | | the Department of
Juvenile Justice
under this Act has been | 5 | | terminated.
| 6 | | (2.5) If a minor is arrested and no petition for | 7 | | delinquency is filed with the clerk of the circuit court at the | 8 | | time the minor is released from custody, the youth officer, if | 9 | | applicable, or other designated person from the arresting | 10 | | agency, shall notify verbally and in writing to the minor or | 11 | | the minor's parents or guardians that the minor shall have an | 12 | | arrest record and shall provide the minor and the minor's | 13 | | parents or guardians with an expungement information packet, | 14 | | information regarding this State's expungement laws including | 15 | | a petition to expunge juvenile law enforcement and juvenile | 16 | | court records obtained from the clerk of the circuit court. | 17 | | (2.6) If a minor is referred to court, then, at the time of | 18 | | sentencing, dismissal of the case, or successful completion of | 19 | | supervision, the judge shall inform the delinquent minor of | 20 | | his or her rights regarding expungement and the clerk of the | 21 | | circuit court shall provide an expungement information packet | 22 | | to the minor, written in plain language, including information | 23 | | regarding this State's expungement laws and a petition for | 24 | | expungement, a sample of a completed petition, expungement | 25 | | instructions that shall include information informing the | 26 | | minor that (i) once the case is expunged, it shall be treated |
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| 1 | | as if it never occurred, (ii) he or she may apply to have | 2 | | petition fees waived, (iii) once he or she obtains an | 3 | | expungement, he or she may not be required to disclose that he | 4 | | or she had a juvenile law enforcement or juvenile court | 5 | | record, and (iv) if petitioning he or she may file the petition | 6 | | on his or her own or with the assistance of an attorney. The | 7 | | failure of the judge to inform the delinquent minor of his or | 8 | | her right to petition for expungement as provided by law does | 9 | | not create a substantive right, nor is that failure grounds | 10 | | for: (i) a reversal of an adjudication of delinquency; (ii) a | 11 | | new trial; or (iii) an appeal. | 12 | | (2.7) (Blank). | 13 | | (2.8) (Blank). | 14 | | (3) (Blank).
| 15 | | (3.1) (Blank).
| 16 | | (3.2) (Blank). | 17 | | (3.3) (Blank).
| 18 | | (4) (Blank).
| 19 | | (5) (Blank).
| 20 | | (5.5) Whether or not expunged, records eligible for | 21 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | 22 | | (0.3)(a) may be treated as expunged by the individual subject | 23 | | to the records. | 24 | | (6) (Blank). | 25 | | (6.5) The Illinois State Police or any employee of the | 26 | | Illinois State Police shall be immune from civil or criminal |
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| 1 | | liability for failure to expunge any records of arrest that | 2 | | are subject to expungement under this Section because of | 3 | | inability to verify a record. Nothing in this Section shall | 4 | | create Illinois State Police liability or responsibility for | 5 | | the expungement of juvenile law enforcement records it does | 6 | | not possess. | 7 | | (7) (Blank).
| 8 | | (7.5) (Blank). | 9 | | (8) The expungement of juvenile law enforcement or | 10 | | juvenile court records under subsection (0.1), (0.2), or (0.3) | 11 | | of this Section shall be funded by appropriation by the | 12 | | General Assembly for that purpose. | 13 | | (9) (Blank). | 14 | | (10) (Blank). | 15 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
| 16 | | Section 995. No acceleration or delay. Where this Act | 17 | | makes changes in a statute that is represented in this Act by | 18 | | text that is not yet or no longer in effect (for example, a | 19 | | Section represented by multiple versions), the use of that | 20 | | text does not accelerate or delay the taking effect of (i) the | 21 | | changes made by this Act or (ii) provisions derived from any | 22 | | other Public Act.
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