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

SB3936eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3936 EngrossedLRB102 23905 RLC 33103 b

1    AN ACT concerning schools.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Student Confidential Reporting Act.
 
6    Section 5. Definitions. In this Act:
7    "Safe2Help Illinois" means a school helpline involving a
8statewide toll-free telephone number, social media, a website,
9or other means of communication, or a combination of a
10toll-free telephone number and another means of communication,
11that transmits voice, text, photographic, or other messages
12and information to the Safe2Help Illinois operators.
13    "Safe2Help Illinois Manager" means the designated program
14manager that works in collaboration with all agencies involved
15in Safe2Help Illinois, providing marketing, and logistical
16support to the implementation of the Safe2Help Illinois
17Program.
18    "School" means a public or nonpublic school offering any
19grade from kindergarten through 12, regardless of whether
20school is in session. "School" includes all school property.
21    "School employee" means a full-time or part-time employee
22of a school or school district, including a school
23administrator, a volunteer with a school or school district,

 

 

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1or any other person who provides services to a school or school
2district, while he or she is on school property. A person
3described in this definition is considered a school employee
4regardless of whether school is in session.
5    "School site" means a building, a playing field, or
6property used for school purposes to impart instruction to
7school students or used for school purposes, functions, or
8events, regardless of whether school is in session. "School
9property" includes a school bus.
10    "School student" means a person who is enrolled as a
11student in a school regardless of whether school is in
12session.
 
13    Section 10. Safe2Help Illinois program management and
14administration.
15    (a) The Illinois State Police, in consultation with the
16Illinois Emergency Management Agency, State Board of
17Education, Department of Human Services, and Department of
18Children and Family Services shall, to the extent that funds
19are appropriated for that purpose, establish a program for
20receiving reports and other information from the public
21regarding potential self-harm or potential harm or criminal
22acts directed at school students, school employees, or schools
23in this State. The Illinois State Police shall establish the
24program in accordance with this Act. The Illinois State Police
25shall have access to the information needed to meet the

 

 

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1reporting requirements of Section 35.
2    (b) The program shall include a Safe2Help Illinois
3helpline for operators to receive reports and information from
4the general public as described in subsection (a). The
5helpline shall be available for use 24 hours a day, 365 days a
6year.
7    (c) The Department of Innovation and Technology shall
8operate a dedicated website to provide mental health
9information for students, promotional information to local law
10enforcement officials, school officials, and the general
11public regarding the program.
12    (d) Beginning on the date that Safe2Help Illinois is
13operational, any State or locally operated school violence
14help line currently in operation shall work in conjunction
15with Safe2Help Illinois as needed. The CPS Violence Prevention
16Hotline established under Section 34-21.8 of the School Code
17and the Safe2Help Illinois shall cooperate with each other. If
18the Safe2Help Illinois helpline receives information about
19incidents occurring in the Chicago public schools, it shall
20transmit that information to the CPS Violence Prevention
21Hotline. For the purposes of this subsection (d), a
22State-operated school violence help line does not include the
23CPS Violence Prevention Hotline established under Section
2434-21.8 of the School Code. Instead, the Illinois State Police
25shall work in conjunction with the Chicago Board of Education
26and the Chicago Police Department to direct all applicable

 

 

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1calls received by Safe2Help to the CPS Violence Prevention
2Hotline.
3    (e) The Illinois State Police shall be responsible for the
4continued operational oversight of the program. The program
5shall provide for a means to review all reports and
6information submitted through Safe2Help Illinois and to direct
7those reports and that information, including any analysis of
8the potential threat as determined appropriate by the Illinois
9State Police, to local law enforcement officials and school
10officials.
11    (f) The Illinois State Police shall ensure that program
12personnel or call center staff, or both, are appropriately
13trained 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
24is considered to be a report to a law enforcement agency and
25shall be maintained as a record by the Illinois State Police
26for at least 5 years, subject to the confidentiality

 

 

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1requirements of this Act.
2    (h) The Illinois State Police shall ensure that any
3information submitted to the program where mental health
4services are needed will be referred to the appropriate
5centralized reporting system as provided in Section 76 of the
6Mental Health and Developmental Disabilities Administrative
7Act.
 
8    Section 15. Management of confidential information.
9    (a) Any report or information submitted to the program
10under Section 10 is confidential, may not be released except
11as otherwise provided in this Act or in the Juvenile Court Act
12of 1987, and is not subject to disclosure under the Freedom of
13Information Act.
14    (b) Any report or information submitted to the program and
15forwarded by the vendor described in subsection (d) of Section
1610 to a law enforcement official or to a school official is
17confidential, may not be released except as otherwise provided
18in this Act, and is not subject to disclosure under the Freedom
19of Information Act.
20    (c) A person who intentionally discloses information to
21another person in violation of subsection (a) or (b) commits a
22Class C misdemeanor.
 
23    Section 20. Exemptions to confidentiality of reported
24information. Information regarding a report or information

 

 

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1submitted to the program under Section 10, including any
2identifying 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
18result of a report or information submitted under Section 10
19may petition the court for disclosure of the report or
20information, including any identifying information, as
21provided in this subsection (a). The State's Attorney having
22jurisdiction shall be notified of the petition not less than 7
23days before the hearing on the petition, or as otherwise
24provided by the court, and have the right to appear in the
25proceedings to oppose the petition.

 

 

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

 

 

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1    If the court determines that there is reason to believe
2that the report or information may have been falsely provided,
3the court may order the disclosure of the report or
4information, including any identifying information, as
5determined appropriate by the court.
6    The court may place restrictions on the release and use of
7the report or information, including any identifying
8information, obtained under this subsection (b) or may redact
9material as it considers appropriate. Material reviewed by the
10court that is not ordered released or that is redacted shall be
11maintained by the court under seal for purposes of appeal
12only.
13    (c) The Attorney General may also appear in any other
14action to oppose the release of any report or information
15obtained under Section 10, including any identifying
16information.
 
17    Section 30. Funding.
18    (a) The Illinois State Police may receive money or other
19assets from any source for deposit into the State Police
20Operations Assistance Fund. All moneys deposited under this
21Act into the State Police Operations Assistance Fund shall be
22used, subject to appropriation, by the Illinois State Police
23only 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
13contributions, grants, gifts, assets, donations, services, or
14other financial assistance from any individual, association,
15corporation, or other organization having a legitimate
16interest in the Safe2Help Illinois helpline and the health and
17well-being of students which shall be deposited in the State
18Police Operations Assistance Fund.
 
19    Section 35. Procurement; rulemaking.
20    The Illinois State Police, in consultation with and
21subject to the approval of the Chief Procurement Officer, may
22procure a single contract or multiple contracts to implement
23the provisions of this Act. A contract or contracts under this
24subsection are not subject to the provisions of the Illinois
25Procurement Code, except for Sections 20-60, 20-65, 20-70, and

 

 

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120-160 and Article 50 of that Code, provided that the Chief
2Procurement Officer may, in writing with justification, waive
3any certification required under Article 50.
 
4    Section 40. Annual reporting. The Safe2Help Illinois
5program manager, in consultation with the Illinois State
6Police and the State Board of Education, shall prepare an
7annual report under this Act. The report shall be filed no
8later than 90 days after the conclusion of the calendar year.
9Copies of the report shall be filed with the Governor and the
10General Assembly as provided in Section 3.1 of the General
11Assembly Organization Act. The report shall also be maintained
12on the dedicated Safe2Help Illinois website under subsection
13(c) of Section 10. The report shall contain, but is not limited
14to, 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
5employee, law enforcement agency, or law enforcement official
6acting in good faith in compliance with this Act shall have
7immunity from any civil or criminal liability that might
8otherwise occur as a result of handling tips described in this
9Act, with the exception of willful or wanton misconduct.
 
10    Section 905. The Freedom of Information Act is amended by
11changing 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
15record that contains information that is exempt from
16disclosure under this Section, but also contains information
17that is not exempt from disclosure, the public body may elect
18to redact the information that is exempt. The public body
19shall make the remaining information available for inspection
20and copying. Subject to this requirement, the following shall
21be 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

 

 

SB3936 Engrossed- 22 -LRB102 23905 RLC 33103 b

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
20Judicial Privacy Act shall be redacted from public records
21prior to disclosure under this Act.
22    (2) A public record that is not in the possession of a
23public body but is in the possession of a party with whom the
24agency has contracted to perform a governmental function on
25behalf of the public body, and that directly relates to the
26governmental function and is not otherwise exempt under this

 

 

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1Act, shall be considered a public record of the public body,
2for purposes of this Act.
3    (3) This Section does not authorize withholding of
4information or limit the availability of records to the
5public, except as stated in this Section or otherwise provided
6in this Act.
7(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
8101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
96-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
10    Section 910. The Illinois State Police Law of the Civil
11Administrative Code of Illinois is amended by adding Section
122605-620 as follows:
 
13    (20 ILCS 2605/2605-620 new)
14    Sec. 2605-620. School helpline program. The Illinois State
15Police shall establish a school helpline program in accordance
16with the Student Confidential Reporting Act.
 
17    Section 915. The Juvenile Court Act of 1987 is amended by
18changing 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
22municipal ordinance violation records.

 

 

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1    (A) All juvenile law enforcement records which have not
2been expunged are confidential and may never be disclosed to
3the general public or otherwise made widely available.
4Juvenile law enforcement records may be obtained only under
5this Section and Section 1-8 and Part 9 of Article V of this
6Act, when their use is needed for good cause and with an order
7from the juvenile court, as required by those not authorized
8to retain them. Inspection, copying, and disclosure of
9juvenile law enforcement records maintained by law enforcement
10agencies or records of municipal ordinance violations
11maintained by any State, local, or municipal agency that
12relate to a minor who has been investigated, arrested, or
13taken into custody before his or her 18th birthday shall be
14restricted 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.

 

 

SB3936 Engrossed- 33 -LRB102 23905 RLC 33103 b

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)

 

 

SB3936 Engrossed- 34 -LRB102 23905 RLC 33103 b

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
10enforcement officer or other person or agency may knowingly
11transmit to the Department of Corrections, the Illinois State
12Police, or the Federal Bureau of Investigation any fingerprint
13or photograph relating to a minor who has been arrested or
14taken into custody before his or her 18th birthday, unless the
15court in proceedings under this Act authorizes the
16transmission or enters an order under Section 5-805 permitting
17or requiring the institution of criminal proceedings.
18    (2) Law enforcement officers or other persons or agencies
19shall transmit to the Illinois State Police copies of
20fingerprints and descriptions of all minors who have been
21arrested or taken into custody before their 18th birthday for
22the offense of unlawful use of weapons under Article 24 of the
23Criminal Code of 1961 or the Criminal Code of 2012, a Class X
24or Class 1 felony, a forcible felony as defined in Section 2-8
25of the Criminal Code of 1961 or the Criminal Code of 2012, or a
26Class 2 or greater felony under the Cannabis Control Act, the

 

 

SB3936 Engrossed- 35 -LRB102 23905 RLC 33103 b

1Illinois Controlled Substances Act, the Methamphetamine
2Control and Community Protection Act, or Chapter 4 of the
3Illinois Vehicle Code, pursuant to Section 5 of the Criminal
4Identification Act. Information reported to the Department
5pursuant to this Section may be maintained with records that
6the Department files pursuant to Section 2.1 of the Criminal
7Identification Act. Nothing in this Act prohibits a law
8enforcement agency from fingerprinting a minor taken into
9custody or arrested before his or her 18th birthday for an
10offense other than those listed in this paragraph (2).
11    (C) The records of law enforcement officers, or of an
12independent agency created by ordinance and charged by a unit
13of local government with the duty of investigating the conduct
14of law enforcement officers, concerning all minors under 18
15years of age must be maintained separate from the records of
16arrests and may not be open to public inspection or their
17contents disclosed to the public. For purposes of obtaining
18documents under this Section, a civil subpoena is not an order
19of 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

 

 

SB3936 Engrossed- 36 -LRB102 23905 RLC 33103 b

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
17shall prohibit the inspection or disclosure to victims and
18witnesses of photographs contained in the records of law
19enforcement agencies when the inspection and disclosure is
20conducted in the presence of a law enforcement officer for the
21purpose of the identification or apprehension of any person
22subject to the provisions of this Act or for the investigation
23or prosecution of any crime.
24    (E) Law enforcement officers, and personnel of an
25independent agency created by ordinance and charged by a unit
26of local government with the duty of investigating the conduct

 

 

SB3936 Engrossed- 37 -LRB102 23905 RLC 33103 b

1of law enforcement officers, may not disclose the identity of
2any minor in releasing information to the general public as to
3the arrest, investigation or disposition of any case involving
4a minor.
5    (F) Nothing contained in this Section shall prohibit law
6enforcement agencies from communicating with each other by
7letter, memorandum, teletype, or intelligence alert bulletin
8or other means the identity or other relevant information
9pertaining to a person under 18 years of age if there are
10reasonable grounds to believe that the person poses a real and
11present danger to the safety of the public or law enforcement
12officers. The information provided under this subsection (F)
13shall remain confidential and shall not be publicly disclosed,
14except as otherwise allowed by law.
15    (G) Nothing in this Section shall prohibit the right of a
16Civil Service Commission or appointing authority of any
17federal government, state, county or municipality examining
18the character and fitness of an applicant for employment with
19a law enforcement agency, correctional institution, or fire
20department from obtaining and examining the records of any law
21enforcement agency relating to any record of the applicant
22having been arrested or taken into custody before the
23applicant's 18th birthday.
24    (G-5) Information identifying victims and alleged victims
25of sex offenses shall not be disclosed or open to the public
26under any circumstances. Nothing in this Section shall

 

 

SB3936 Engrossed- 38 -LRB102 23905 RLC 33103 b

1prohibit the victim or alleged victim of any sex offense from
2voluntarily disclosing his or her own identity.
3    (H) The changes made to this Section by Public Act 98-61
4apply to law enforcement records of a minor who has been
5arrested or taken into custody on or after January 1, 2014 (the
6effective date of Public Act 98-61).
7    (H-5) Nothing in this Section shall require any court or
8adjudicative proceeding for traffic, boating, fish and game
9law, or municipal and county ordinance violations to be closed
10to the public.
11    (I) Willful violation of this Section is a Class C
12misdemeanor and each violation is subject to a fine of $1,000.
13This subsection (I) shall not apply to the person who is the
14subject of the record.
15    (J) A person convicted of violating this Section is liable
16for damages in the amount of $1,000 or actual damages,
17whichever 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
21municipal ordinance violation records.
22    (A) All juvenile law enforcement records which have not
23been expunged are confidential and may never be disclosed to
24the general public or otherwise made widely available.
25Juvenile law enforcement records may be obtained only under

 

 

SB3936 Engrossed- 39 -LRB102 23905 RLC 33103 b

1this Section and Section 1-8 and Part 9 of Article V of this
2Act, when their use is needed for good cause and with an order
3from the juvenile court, as required by those not authorized
4to retain them. Inspection, copying, and disclosure of
5juvenile law enforcement records maintained by law enforcement
6agencies or records of municipal ordinance violations
7maintained by any State, local, or municipal agency that
8relate to a minor who has been investigated, arrested, or
9taken into custody before his or her 18th birthday shall be
10restricted 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

 

 

SB3936 Engrossed- 40 -LRB102 23905 RLC 33103 b

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;

 

 

SB3936 Engrossed- 41 -LRB102 23905 RLC 33103 b

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
6enforcement officer or other person or agency may knowingly
7transmit to the Department of Corrections, the Illinois State
8Police, or the Federal Bureau of Investigation any fingerprint
9or photograph relating to a minor who has been arrested or
10taken into custody before his or her 18th birthday, unless the
11court in proceedings under this Act authorizes the
12transmission or enters an order under Section 5-805 permitting
13or requiring the institution of criminal proceedings.
14    (2) Law enforcement officers or other persons or agencies
15shall transmit to the Illinois State Police copies of
16fingerprints and descriptions of all minors who have been
17arrested or taken into custody before their 18th birthday for
18the offense of unlawful use of weapons under Article 24 of the
19Criminal Code of 1961 or the Criminal Code of 2012, a Class X
20or Class 1 felony, a forcible felony as defined in Section 2-8
21of the Criminal Code of 1961 or the Criminal Code of 2012, or a
22Class 2 or greater felony under the Cannabis Control Act, the
23Illinois Controlled Substances Act, the Methamphetamine
24Control and Community Protection Act, or Chapter 4 of the
25Illinois Vehicle Code, pursuant to Section 5 of the Criminal
26Identification Act. Information reported to the Department

 

 

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1pursuant to this Section may be maintained with records that
2the Department files pursuant to Section 2.1 of the Criminal
3Identification Act. Nothing in this Act prohibits a law
4enforcement agency from fingerprinting a minor taken into
5custody or arrested before his or her 18th birthday for an
6offense other than those listed in this paragraph (2).
7    (C) The records of law enforcement officers, or of an
8independent agency created by ordinance and charged by a unit
9of local government with the duty of investigating the conduct
10of law enforcement officers, concerning all minors under 18
11years of age must be maintained separate from the records of
12arrests and may not be open to public inspection or their
13contents disclosed to the public. For purposes of obtaining
14documents under this Section, a civil subpoena is not an order
15of 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
13shall prohibit the inspection or disclosure to victims and
14witnesses of photographs contained in the records of law
15enforcement agencies when the inspection and disclosure is
16conducted in the presence of a law enforcement officer for the
17purpose of the identification or apprehension of any person
18subject to the provisions of this Act or for the investigation
19or prosecution of any crime.
20    (E) Law enforcement officers, and personnel of an
21independent agency created by ordinance and charged by a unit
22of local government with the duty of investigating the conduct
23of law enforcement officers, may not disclose the identity of
24any minor in releasing information to the general public as to
25the arrest, investigation or disposition of any case involving
26a minor.

 

 

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1    (F) Nothing contained in this Section shall prohibit law
2enforcement agencies from communicating with each other by
3letter, memorandum, teletype, or intelligence alert bulletin
4or other means the identity or other relevant information
5pertaining to a person under 18 years of age if there are
6reasonable grounds to believe that the person poses a real and
7present danger to the safety of the public or law enforcement
8officers. The information provided under this subsection (F)
9shall remain confidential and shall not be publicly disclosed,
10except as otherwise allowed by law.
11    (G) Nothing in this Section shall prohibit the right of a
12Civil Service Commission or appointing authority of any
13federal government, state, county or municipality examining
14the character and fitness of an applicant for employment with
15a law enforcement agency, correctional institution, or fire
16department from obtaining and examining the records of any law
17enforcement agency relating to any record of the applicant
18having been arrested or taken into custody before the
19applicant's 18th birthday.
20    (G-5) Information identifying victims and alleged victims
21of sex offenses shall not be disclosed or open to the public
22under any circumstances. Nothing in this Section shall
23prohibit the victim or alleged victim of any sex offense from
24voluntarily disclosing his or her own identity.
25    (H) The changes made to this Section by Public Act 98-61
26apply to law enforcement records of a minor who has been

 

 

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1arrested or taken into custody on or after January 1, 2014 (the
2effective date of Public Act 98-61).
3    (H-5) Nothing in this Section shall require any court or
4adjudicative proceeding for traffic, boating, fish and game
5law, or municipal and county ordinance violations to be closed
6to the public.
7    (I) Willful violation of this Section is a Class C
8misdemeanor and each violation is subject to a fine of $1,000.
9This subsection (I) shall not apply to the person who is the
10subject of the record.
11    (J) A person convicted of violating this Section is liable
12for damages in the amount of $1,000 or actual damages,
13whichever is greater.
14(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
15revised 10-13-21.)
 
16    (705 ILCS 405/5-915)
17    Sec. 5-915. Expungement of juvenile law enforcement and
18juvenile court records.
19    (0.05) (Blank).
20    (0.1) (a) The Illinois State Police and all law
21enforcement agencies within the State shall automatically
22expunge, on or before January 1 of each year, except as
23described in paragraph (c) of subsection (0.1), all juvenile
24law enforcement records relating to events occurring before an
25individual'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
14satisfaction 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
17an offense that if committed by an adult would not be an
18offense classified as a Class 2 felony or higher, an offense
19under Article 11 of the Criminal Code of 1961 or Criminal Code
20of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
2112-15, or 12-16 of the Criminal Code of 1961.
22    (c) If the juvenile law enforcement record was received
23through a public submission to a statewide student
24confidential reporting system administered by the Illinois
25State Police, the record will maintained for a period of 5
26years according to all other provisions in subsection (0.1).

 

 

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1    (0.15) If a juvenile law enforcement record meets
2paragraph (a) of subsection (0.1) of this Section, a juvenile
3law 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.
12Nothing in this subsection (0.15) shall be construed to
13restrict or modify an individual's right to have his or her
14juvenile law enforcement records expunged except as otherwise
15may be provided in this Act.
16    (0.2) (a) Upon dismissal of a petition alleging
17delinquency or upon a finding of not delinquent, the
18successful termination of an order of supervision, or the
19successful termination of an adjudication for an offense which
20would be a Class B misdemeanor, Class C misdemeanor, or a petty
21or business offense if committed by an adult, the court shall
22automatically order the expungement of the juvenile court
23records and juvenile law enforcement records. The clerk shall
24deliver a certified copy of the expungement order to the
25Illinois State Police and the arresting agency. Upon request,
26the State's Attorney shall furnish the name of the arresting

 

 

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

 

 

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1Police and the arresting agency. Upon request, the State's
2Attorney shall furnish the name of the arresting agency. The
3expungement shall be completed within 60 business days after
4the receipt of the expungement order. In this subsection
5(0.3), "disqualified offense" means any of the following
6offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
710-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
811-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
912-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
1012-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
1118-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
1224-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
1331-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
14subsection (b) of Section 8-1, paragraph (4) of subsection (a)
15of Section 11-14.4, subsection (a-5) of Section 12-3.1,
16paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
17subsection (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
19paragraph (1) of subsection (a) of Section 12-9, subparagraph
20(H) of paragraph (3) of subsection (a) of Section 24-1.6,
21paragraph (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
24his or her designee, certifies in writing that certain
25information is needed for a pending investigation involving
26the commission of a felony, that information, and information

 

 

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

 

 

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1set forth in the civil litigation may not be expunged until
2after 2 years have elapsed after the conclusion of the
3lawsuit, including any appeal.
4    (0.7) Officer-worn body camera recordings shall not be
5automatically expunged except as otherwise authorized by the
6Law Enforcement Officer-Worn Body Camera Act.
7    (1) Whenever a person has been arrested, charged, or
8adjudicated delinquent for an incident occurring before his or
9her 18th birthday that if committed by an adult would be an
10offense, and that person's juvenile law enforcement and
11juvenile court records are not eligible for automatic
12expungement under subsection (0.1), (0.2), or (0.3), the
13person may petition the court at any time for expungement of
14juvenile law enforcement records and juvenile court records
15relating to the incident and, upon termination of all juvenile
16court proceedings relating to that incident, the court shall
17order the expungement of all records in the possession of the
18Illinois State Police, the clerk of the circuit court, and law
19enforcement agencies relating to the incident, but only in any
20of 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

 

 

SB3936 Engrossed- 57 -LRB102 23905 RLC 33103 b

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
9use the Access and Review process, established in the Illinois
10State Police, for verifying that his or her juvenile law
11enforcement records relating to incidents occurring before his
12or her 18th birthday eligible under this Act have been
13expunged.
14    (1.6) (Blank).
15    (1.7) (Blank).
16    (1.8) (Blank).
17    (2) Any person whose delinquency adjudications are not
18eligible for automatic expungement under subsection (0.3) of
19this Section may petition the court to expunge all juvenile
20law enforcement records relating to any incidents occurring
21before his or her 18th birthday which did not result in
22proceedings in criminal court and all juvenile court records
23with respect to any adjudications except those based upon
24first degree murder or an offense under Article 11 of the
25Criminal Code of 2012 if the person is required to register
26under the Sex Offender Registration Act at the time he or she

 

 

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

 

 

SB3936 Engrossed- 59 -LRB102 23905 RLC 33103 b

1as if it never occurred, (ii) he or she may apply to have
2petition fees waived, (iii) once he or she obtains an
3expungement, he or she may not be required to disclose that he
4or she had a juvenile law enforcement or juvenile court
5record, and (iv) if petitioning he or she may file the petition
6on his or her own or with the assistance of an attorney. The
7failure of the judge to inform the delinquent minor of his or
8her right to petition for expungement as provided by law does
9not create a substantive right, nor is that failure grounds
10for: (i) a reversal of an adjudication of delinquency; (ii) a
11new 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
21automatic expungement under subdivision (0.1)(a), (0.2)(a), or
22(0.3)(a) may be treated as expunged by the individual subject
23to the records.
24    (6) (Blank).
25    (6.5) The Illinois State Police or any employee of the
26Illinois State Police shall be immune from civil or criminal

 

 

SB3936 Engrossed- 60 -LRB102 23905 RLC 33103 b

1liability for failure to expunge any records of arrest that
2are subject to expungement under this Section because of
3inability to verify a record. Nothing in this Section shall
4create Illinois State Police liability or responsibility for
5the expungement of juvenile law enforcement records it does
6not possess.
7    (7) (Blank).
8    (7.5) (Blank).
9    (8) The expungement of juvenile law enforcement or
10juvenile court records under subsection (0.1), (0.2), or (0.3)
11of this Section shall be funded by appropriation by the
12General 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
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that
20text does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.