Full Text of SB3936 102nd General Assembly
SB3936sam002 102ND GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 2/7/2022
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| 1 | | AMENDMENT TO SENATE BILL 3936
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3936 on page 27, | 3 | | by replacing lines 14 and 15 with the following: | 4 | | "Section 915. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 1-7 and 5-915 as follows:
| 6 | | (705 ILCS 405/1-7)
| 7 | | (Text of Section before amendment by P.A. 101-652 ) | 8 | | Sec. 1-7. Confidentiality of juvenile law enforcement and | 9 | | municipal ordinance violation records.
| 10 | | (A) All juvenile law enforcement records which have not | 11 | | been expunged are confidential and may never be disclosed to | 12 | | the general public or otherwise made widely available. | 13 | | Juvenile law enforcement records may be obtained only under | 14 | | this Section and Section 1-8 and Part 9 of Article V of this | 15 | | Act, when their use is needed for good cause and with an order | 16 | | from the juvenile court, as required by those not authorized |
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| 1 | | to retain them. Inspection, copying, and disclosure of | 2 | | juvenile law enforcement records maintained by law
enforcement | 3 | | agencies or records of municipal ordinance violations | 4 | | maintained by any State, local, or municipal agency that | 5 | | relate to a minor who has been investigated, arrested, or | 6 | | taken
into custody before his or her 18th birthday shall be | 7 | | restricted to the
following:
| 8 | | (0.05) The minor who is the subject of the juvenile | 9 | | law enforcement record, his or her parents, guardian, and | 10 | | counsel. | 11 | | (0.10) Judges of the circuit court and members of the | 12 | | staff of the court designated by the judge. | 13 | | (0.15) An administrative adjudication hearing officer | 14 | | or members of the staff designated to assist in the | 15 | | administrative adjudication process. | 16 | | (1) Any local, State, or federal law enforcement | 17 | | officers or designated law enforcement staff of any
| 18 | | jurisdiction or agency when necessary for the discharge of | 19 | | their official
duties during the investigation or | 20 | | prosecution of a crime or relating to a
minor who has been | 21 | | adjudicated delinquent and there has been a previous | 22 | | finding
that the act which constitutes the previous | 23 | | offense was committed in
furtherance of criminal | 24 | | activities by a criminal street gang, or, when necessary | 25 | | for the discharge of its official duties in connection | 26 | | with a particular investigation of the conduct of a law |
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| 1 | | enforcement officer, an independent agency or its staff | 2 | | created by ordinance and charged by a unit of local | 3 | | government with the duty of investigating the conduct of | 4 | | law enforcement officers. For purposes of
this Section, | 5 | | "criminal street gang" has the meaning ascribed to it in
| 6 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 7 | | Prevention Act.
| 8 | | (2) Prosecutors, public defenders, probation officers, | 9 | | social workers, or other
individuals assigned by the court | 10 | | to conduct a pre-adjudication or
pre-disposition | 11 | | investigation, and individuals responsible for supervising
| 12 | | or providing temporary or permanent care and custody for | 13 | | minors under
the order of the juvenile court, when | 14 | | essential to performing their
responsibilities.
| 15 | | (3) Federal, State, or local prosecutors, public | 16 | | defenders, probation officers, and designated staff:
| 17 | | (a) in the course of a trial when institution of | 18 | | criminal proceedings
has been permitted or required | 19 | | under Section 5-805;
| 20 | | (b) when institution of criminal proceedings has | 21 | | been permitted or required under Section 5-805 and the | 22 | | minor is the
subject
of a proceeding to determine the | 23 | | amount of bail;
| 24 | | (c) when criminal proceedings have been permitted
| 25 | | or
required under Section 5-805 and the minor is the | 26 | | subject of a
pre-trial
investigation, pre-sentence |
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| 1 | | investigation, fitness hearing, or proceedings
on an | 2 | | application for probation; or
| 3 | | (d) in the course of prosecution or administrative | 4 | | adjudication of a violation of a traffic, boating, or | 5 | | fish and game law, or a county or municipal ordinance. | 6 | | (4) Adult and Juvenile Prisoner Review Board.
| 7 | | (5) Authorized military personnel.
| 8 | | (5.5) Employees of the federal government authorized | 9 | | by law. | 10 | | (6) Persons engaged in bona fide research, with the | 11 | | permission of the
Presiding Judge and the chief executive | 12 | | of the respective
law enforcement agency; provided that | 13 | | publication of such research results
in no disclosure of a | 14 | | minor's identity and protects the confidentiality
of the | 15 | | minor's record.
| 16 | | (7) Department of Children and Family Services child | 17 | | protection
investigators acting in their official | 18 | | capacity.
| 19 | | (8) The appropriate school official only if the agency | 20 | | or officer believes that there is an imminent threat of | 21 | | physical harm to students, school personnel, or others who | 22 | | are present in the school or on school grounds. | 23 | | (A) Inspection and copying
shall be limited to | 24 | | juvenile law enforcement records transmitted to the | 25 | | appropriate
school official or officials whom the | 26 | | school has determined to have a legitimate educational |
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| 1 | | or safety interest by a local law enforcement agency | 2 | | under a reciprocal reporting
system established and | 3 | | maintained between the school district and the local | 4 | | law
enforcement agency under Section 10-20.14 of the | 5 | | School Code concerning a minor
enrolled in a school | 6 | | within the school district who has been arrested or | 7 | | taken
into custody for any of the following offenses:
| 8 | | (i) any violation of Article 24 of the | 9 | | Criminal Code of
1961 or the Criminal Code of | 10 | | 2012;
| 11 | | (ii) a violation of the Illinois Controlled | 12 | | Substances Act;
| 13 | | (iii) a violation of the Cannabis Control Act;
| 14 | | (iv) a forcible felony as defined in Section | 15 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 16 | | Code of 2012; | 17 | | (v) a violation of the Methamphetamine Control | 18 | | and Community Protection Act;
| 19 | | (vi) a violation of Section 1-2 of the | 20 | | Harassing and Obscene Communications Act; | 21 | | (vii) a violation of the Hazing Act; or | 22 | | (viii) a violation of Section 12-1, 12-2, | 23 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 24 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 25 | | Criminal Code of 1961 or the Criminal Code of | 26 | | 2012. |
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| 1 | | The information derived from the juvenile law | 2 | | enforcement records shall be kept separate from and | 3 | | shall not become a part of the official school record | 4 | | of that child and shall not be a public record. The | 5 | | information shall be used solely by the appropriate | 6 | | school official or officials whom the school has | 7 | | determined to have a legitimate educational or safety | 8 | | interest to aid in the proper rehabilitation of the | 9 | | child and to protect the safety of students and | 10 | | employees in the school. If the designated law | 11 | | enforcement and school officials deem it to be in the | 12 | | best interest of the minor, the student may be | 13 | | referred to in-school or community-based social | 14 | | services if those services are available. | 15 | | "Rehabilitation services" may include interventions by | 16 | | school support personnel, evaluation for eligibility | 17 | | for special education, referrals to community-based | 18 | | agencies such as youth services, behavioral healthcare | 19 | | service providers, drug and alcohol prevention or | 20 | | treatment programs, and other interventions as deemed | 21 | | appropriate for the student. | 22 | | (B) Any information provided to appropriate school | 23 | | officials whom the school has determined to have a | 24 | | legitimate educational or safety interest by local law | 25 | | enforcement officials about a minor who is the subject | 26 | | of a current police investigation that is directly |
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| 1 | | related to school safety shall consist of oral | 2 | | information only, and not written juvenile law | 3 | | enforcement records, and shall be used solely by the | 4 | | appropriate school official or officials to protect | 5 | | the safety of students and employees in the school and | 6 | | aid in the proper rehabilitation of the child. The | 7 | | information derived orally from the local law | 8 | | enforcement officials shall be kept separate from and | 9 | | shall not become a part of the official school record | 10 | | of the child and shall not be a public record. This | 11 | | limitation on the use of information about a minor who | 12 | | is the subject of a current police investigation shall | 13 | | in no way limit the use of this information by | 14 | | prosecutors in pursuing criminal charges arising out | 15 | | of the information disclosed during a police | 16 | | investigation of the minor. For purposes of this | 17 | | paragraph, "investigation" means an official | 18 | | systematic inquiry by a law enforcement agency into | 19 | | actual or suspected criminal activity. | 20 | | (9) Mental health professionals on behalf of the | 21 | | Department of
Corrections or the Department of Human | 22 | | Services or prosecutors who are
evaluating, prosecuting, | 23 | | or investigating a potential or actual petition
brought
| 24 | | under the Sexually Violent Persons Commitment Act relating | 25 | | to a person who is
the
subject of juvenile law enforcement | 26 | | records or the respondent to a petition
brought under the |
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| 1 | | Sexually Violent Persons Commitment Act who is the subject | 2 | | of
the
juvenile law enforcement records sought.
Any | 3 | | juvenile law enforcement records and any information | 4 | | obtained from those juvenile law enforcement records under | 5 | | this
paragraph (9) may be used only in sexually violent | 6 | | persons commitment
proceedings.
| 7 | | (10) The president of a park district. Inspection and | 8 | | copying shall be limited to juvenile law enforcement | 9 | | records transmitted to the president of the park district | 10 | | by the Illinois State Police under Section 8-23 of the | 11 | | Park District Code or Section 16a-5 of the Chicago Park | 12 | | District Act concerning a person who is seeking employment | 13 | | with that park district and who has been adjudicated a | 14 | | juvenile delinquent for any of the offenses listed in | 15 | | subsection (c) of Section 8-23 of the Park District Code | 16 | | or subsection (c) of Section 16a-5 of the Chicago Park | 17 | | District Act. | 18 | | (11) Persons managing and designated to participate in | 19 | | a court diversion program as designated in subsection (6) | 20 | | of Section 5-105. | 21 | | (12) The Public Access Counselor of the Office of the | 22 | | Attorney General, when reviewing juvenile law enforcement | 23 | | records under its powers and duties under the Freedom of | 24 | | Information Act. | 25 | | (13) Collection agencies, contracted or otherwise | 26 | | engaged by a governmental entity, to collect any debts due |
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| 1 | | and owing to the governmental entity. | 2 | | (B)(1) Except as provided in paragraph (2), no law | 3 | | enforcement
officer or other person or agency may knowingly | 4 | | transmit to the Department of
Corrections, the Illinois State | 5 | | Police, or the Federal
Bureau of Investigation any fingerprint | 6 | | or photograph relating to a minor who
has been arrested or | 7 | | taken into custody before his or her 18th birthday,
unless the | 8 | | court in proceedings under this Act authorizes the | 9 | | transmission or
enters an order under Section 5-805 permitting | 10 | | or requiring the
institution of
criminal proceedings.
| 11 | | (2) Law enforcement officers or other persons or agencies | 12 | | shall transmit
to the Illinois State Police copies of | 13 | | fingerprints and descriptions
of all minors who have been | 14 | | arrested or taken into custody before their
18th birthday for | 15 | | the offense of unlawful use of weapons under Article 24 of
the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | 17 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 | 18 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | 19 | | Class 2 or greater
felony under the Cannabis Control Act, the | 20 | | Illinois Controlled Substances Act, the Methamphetamine | 21 | | Control and Community Protection Act,
or Chapter 4 of the | 22 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | 23 | | Identification Act. Information reported to the Department | 24 | | pursuant
to this Section may be maintained with records that | 25 | | the Department files
pursuant to Section 2.1 of the Criminal | 26 | | Identification Act. Nothing in this
Act prohibits a law |
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| 1 | | enforcement agency from fingerprinting a minor taken into
| 2 | | custody or arrested before his or her 18th birthday for an | 3 | | offense other than
those listed in this paragraph (2).
| 4 | | (C) The records of law enforcement officers, or of an | 5 | | independent agency created by ordinance and charged by a unit | 6 | | of local government with the duty of investigating the conduct | 7 | | of law enforcement officers, concerning all minors under
18 | 8 | | years of age must be maintained separate from the records of | 9 | | arrests and
may not be open to public inspection or their | 10 | | contents disclosed to the
public. For purposes of obtaining | 11 | | documents under this Section, a civil subpoena is not an order | 12 | | of the court. | 13 | | (1) In cases where the law enforcement, or independent | 14 | | agency, records concern a pending juvenile court case, the | 15 | | party seeking to inspect the records shall provide actual | 16 | | notice to the attorney or guardian ad litem of the minor | 17 | | whose records are sought. | 18 | | (2) In cases where the records concern a juvenile | 19 | | court case that is no longer pending, the party seeking to | 20 | | inspect the records shall provide actual notice to the | 21 | | minor or the minor's parent or legal guardian, and the | 22 | | matter shall be referred to the chief judge presiding over | 23 | | matters pursuant to this Act. | 24 | | (3) In determining whether the records should be | 25 | | available for inspection, the court shall consider the | 26 | | minor's interest in confidentiality and rehabilitation |
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| 1 | | over the moving party's interest in obtaining the | 2 | | information. Any records obtained in violation of this | 3 | | subsection (C) shall not be admissible in any criminal or | 4 | | civil proceeding, or operate to disqualify a minor from | 5 | | subsequently holding public office or securing employment, | 6 | | or operate as a forfeiture of any public benefit, right, | 7 | | privilege, or right to receive any license granted by | 8 | | public authority.
| 9 | | (D) Nothing contained in subsection (C) of this Section | 10 | | shall prohibit
the inspection or disclosure to victims and | 11 | | witnesses of photographs
contained in the records of law | 12 | | enforcement agencies when the
inspection and disclosure is | 13 | | conducted in the presence of a law enforcement
officer for the | 14 | | purpose of the identification or apprehension of any person
| 15 | | subject to the provisions of this Act or for the investigation | 16 | | or
prosecution of any crime.
| 17 | | (E) Law enforcement officers, and personnel of an | 18 | | independent agency created by ordinance and charged by a unit | 19 | | of local government with the duty of investigating the conduct | 20 | | of law enforcement officers, may not disclose the identity of | 21 | | any minor
in releasing information to the general public as to | 22 | | the arrest, investigation
or disposition of any case involving | 23 | | a minor.
| 24 | | (F) Nothing contained in this Section shall prohibit law | 25 | | enforcement
agencies from communicating with each other by | 26 | | letter, memorandum, teletype, or
intelligence alert bulletin |
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| 1 | | or other means the identity or other relevant
information | 2 | | pertaining to a person under 18 years of age if there are
| 3 | | reasonable grounds to believe that the person poses a real and | 4 | | present danger
to the safety of the public or law enforcement | 5 | | officers. The information
provided under this subsection (F) | 6 | | shall remain confidential and shall not
be publicly disclosed, | 7 | | except as otherwise allowed by law.
| 8 | | (G) Nothing in this Section shall prohibit the right of a | 9 | | Civil Service
Commission or appointing authority of any | 10 | | federal government, state, county or municipality
examining | 11 | | the character and fitness of an applicant for employment with | 12 | | a law
enforcement agency, correctional institution, or fire | 13 | | department
from obtaining and examining the
records of any law | 14 | | enforcement agency relating to any record of the applicant
| 15 | | having been arrested or taken into custody before the | 16 | | applicant's 18th
birthday.
| 17 | | (G-5) Information identifying victims and alleged victims | 18 | | of sex offenses shall not be disclosed or open to the public | 19 | | under any circumstances. Nothing in this Section shall | 20 | | prohibit the victim or alleged victim of any sex offense from | 21 | | voluntarily disclosing his or her own identity. | 22 | | (H) The changes made to this Section by Public Act 98-61 | 23 | | apply to law enforcement records of a minor who has been | 24 | | arrested or taken into custody on or after January 1, 2014 (the | 25 | | effective date of Public Act 98-61). | 26 | | (H-5) Nothing in this Section shall require any court or |
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| 1 | | adjudicative proceeding for traffic, boating, fish and game | 2 | | law, or municipal and county ordinance violations to be closed | 3 | | to the public. | 4 | | (I) Willful violation of this Section is a Class C | 5 | | misdemeanor and each violation is subject to a fine of $1,000. | 6 | | This subsection (I) shall not apply to the person who is the | 7 | | subject of the record. | 8 | | (J) A person convicted of violating this Section is liable | 9 | | for damages in the amount of $1,000 or actual damages, | 10 | | whichever is greater. | 11 | | (Source: P.A. 102-538, eff. 8-20-21.) | 12 | | (Text of Section after amendment by P.A. 101-652 )
| 13 | | Sec. 1-7. Confidentiality of juvenile law enforcement and | 14 | | municipal ordinance violation records.
| 15 | | (A) All juvenile law enforcement records which have not | 16 | | been expunged are confidential and may never be disclosed to | 17 | | the general public or otherwise made widely available. | 18 | | Juvenile law enforcement records may be obtained only under | 19 | | this Section and Section 1-8 and Part 9 of Article V of this | 20 | | Act, when their use is needed for good cause and with an order | 21 | | from the juvenile court, as required by those not authorized | 22 | | to retain them. Inspection, copying, and disclosure of | 23 | | juvenile law enforcement records maintained by law
enforcement | 24 | | agencies or records of municipal ordinance violations | 25 | | maintained by any State, local, or municipal agency that |
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| 1 | | relate to a minor who has been investigated, arrested, or | 2 | | taken
into custody before his or her 18th birthday shall be | 3 | | restricted to the
following:
| 4 | | (0.05) The minor who is the subject of the juvenile | 5 | | law enforcement record, his or her parents, guardian, and | 6 | | counsel. | 7 | | (0.10) Judges of the circuit court and members of the | 8 | | staff of the court designated by the judge. | 9 | | (0.15) An administrative adjudication hearing officer | 10 | | or members of the staff designated to assist in the | 11 | | administrative adjudication process. | 12 | | (1) Any local, State, or federal law enforcement | 13 | | officers or designated law enforcement staff of any
| 14 | | jurisdiction or agency when necessary for the discharge of | 15 | | their official
duties during the investigation or | 16 | | prosecution of a crime or relating to a
minor who has been | 17 | | adjudicated delinquent and there has been a previous | 18 | | finding
that the act which constitutes the previous | 19 | | offense was committed in
furtherance of criminal | 20 | | activities by a criminal street gang, or, when necessary | 21 | | for the discharge of its official duties in connection | 22 | | with a particular investigation of the conduct of a law | 23 | | enforcement officer, an independent agency or its staff | 24 | | created by ordinance and charged by a unit of local | 25 | | government with the duty of investigating the conduct of | 26 | | law enforcement officers. For purposes of
this Section, |
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| 1 | | "criminal street gang" has the meaning ascribed to it in
| 2 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 3 | | Prevention Act.
| 4 | | (2) Prosecutors, public defenders, probation officers, | 5 | | social workers, or other
individuals assigned by the court | 6 | | to conduct a pre-adjudication or
pre-disposition | 7 | | investigation, and individuals responsible for supervising
| 8 | | or providing temporary or permanent care and custody for | 9 | | minors under
the order of the juvenile court, when | 10 | | essential to performing their
responsibilities.
| 11 | | (3) Federal, State, or local prosecutors, public | 12 | | defenders, probation officers, and designated staff:
| 13 | | (a) in the course of a trial when institution of | 14 | | criminal proceedings
has been permitted or required | 15 | | under Section 5-805;
| 16 | | (b) when institution of criminal proceedings has | 17 | | been permitted or required under Section 5-805 and the | 18 | | minor is the
subject
of a proceeding to determine the | 19 | | conditions of pretrial release;
| 20 | | (c) when criminal proceedings have been permitted
| 21 | | or
required under Section 5-805 and the minor is the | 22 | | subject of a
pre-trial
investigation, pre-sentence | 23 | | investigation, fitness hearing, or proceedings
on an | 24 | | application for probation; or
| 25 | | (d) in the course of prosecution or administrative | 26 | | adjudication of a violation of a traffic, boating, or |
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| 1 | | fish and game law, or a county or municipal ordinance. | 2 | | (4) Adult and Juvenile Prisoner Review Board.
| 3 | | (5) Authorized military personnel.
| 4 | | (5.5) Employees of the federal government authorized | 5 | | by law. | 6 | | (6) Persons engaged in bona fide research, with the | 7 | | permission of the
Presiding Judge and the chief executive | 8 | | of the respective
law enforcement agency; provided that | 9 | | publication of such research results
in no disclosure of a | 10 | | minor's identity and protects the confidentiality
of the | 11 | | minor's record.
| 12 | | (7) Department of Children and Family Services child | 13 | | protection
investigators acting in their official | 14 | | capacity.
| 15 | | (8) The appropriate school official only if the agency | 16 | | or officer believes that there is an imminent threat of | 17 | | physical harm to students, school personnel, or others who | 18 | | are present in the school or on school grounds . | 19 | | (A) Inspection and copying
shall be limited to | 20 | | juvenile law enforcement records transmitted to the | 21 | | appropriate
school official or officials whom the | 22 | | school has determined to have a legitimate educational | 23 | | or safety interest by a local law enforcement agency | 24 | | under a reciprocal reporting
system established and | 25 | | maintained between the school district and the local | 26 | | law
enforcement agency under Section 10-20.14 of the |
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| 1 | | School Code concerning a minor
enrolled in a school | 2 | | within the school district who has been arrested or | 3 | | taken
into custody for any of the following offenses:
| 4 | | (i) any violation of Article 24 of the | 5 | | Criminal Code of
1961 or the Criminal Code of | 6 | | 2012;
| 7 | | (ii) a violation of the Illinois Controlled | 8 | | Substances Act;
| 9 | | (iii) a violation of the Cannabis Control Act;
| 10 | | (iv) a forcible felony as defined in Section | 11 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 12 | | Code of 2012; | 13 | | (v) a violation of the Methamphetamine Control | 14 | | and Community Protection Act;
| 15 | | (vi) a violation of Section 1-2 of the | 16 | | Harassing and Obscene Communications Act; | 17 | | (vii) a violation of the Hazing Act; or | 18 | | (viii) a violation of Section 12-1, 12-2, | 19 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 20 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 21 | | Criminal Code of 1961 or the Criminal Code of | 22 | | 2012. | 23 | | The information derived from the juvenile law | 24 | | enforcement records shall be kept separate from and | 25 | | shall not become a part of the official school record | 26 | | of that child and shall not be a public record. The |
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| 1 | | information shall be used solely by the appropriate | 2 | | school official or officials whom the school has | 3 | | determined to have a legitimate educational or safety | 4 | | interest to aid in the proper rehabilitation of the | 5 | | child and to protect the safety of students and | 6 | | employees in the school. If the designated law | 7 | | enforcement and school officials deem it to be in the | 8 | | best interest of the minor, the student may be | 9 | | referred to in-school or community-based social | 10 | | services if those services are available. | 11 | | "Rehabilitation services" may include interventions by | 12 | | school support personnel, evaluation for eligibility | 13 | | for special education, referrals to community-based | 14 | | agencies such as youth services, behavioral healthcare | 15 | | service providers, drug and alcohol prevention or | 16 | | treatment programs, and other interventions as deemed | 17 | | appropriate for the student. | 18 | | (B) Any information provided to appropriate school | 19 | | officials whom the school has determined to have a | 20 | | legitimate educational or safety interest by local law | 21 | | enforcement officials about a minor who is the subject | 22 | | of a current police investigation that is directly | 23 | | related to school safety shall consist of oral | 24 | | information only, and not written juvenile law | 25 | | enforcement records, and shall be used solely by the | 26 | | appropriate school official or officials to protect |
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| 1 | | the safety of students and employees in the school and | 2 | | aid in the proper rehabilitation of the child. The | 3 | | information derived orally from the local law | 4 | | enforcement officials shall be kept separate from and | 5 | | shall not become a part of the official school record | 6 | | of the child and shall not be a public record. This | 7 | | limitation on the use of information about a minor who | 8 | | is the subject of a current police investigation shall | 9 | | in no way limit the use of this information by | 10 | | prosecutors in pursuing criminal charges arising out | 11 | | of the information disclosed during a police | 12 | | investigation of the minor. For purposes of this | 13 | | paragraph, "investigation" means an official | 14 | | systematic inquiry by a law enforcement agency into | 15 | | actual or suspected criminal activity. | 16 | | (9) Mental health professionals on behalf of the | 17 | | Department of
Corrections or the Department of Human | 18 | | Services or prosecutors who are
evaluating, prosecuting, | 19 | | or investigating a potential or actual petition
brought
| 20 | | under the Sexually Violent Persons Commitment Act relating | 21 | | to a person who is
the
subject of juvenile law enforcement | 22 | | records or the respondent to a petition
brought under the | 23 | | Sexually Violent Persons Commitment Act who is the subject | 24 | | of
the
juvenile law enforcement records sought.
Any | 25 | | juvenile law enforcement records and any information | 26 | | obtained from those juvenile law enforcement records under |
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| 1 | | this
paragraph (9) may be used only in sexually violent | 2 | | persons commitment
proceedings.
| 3 | | (10) The president of a park district. Inspection and | 4 | | copying shall be limited to juvenile law enforcement | 5 | | records transmitted to the president of the park district | 6 | | by the Illinois State Police under Section 8-23 of the | 7 | | Park District Code or Section 16a-5 of the Chicago Park | 8 | | District Act concerning a person who is seeking employment | 9 | | with that park district and who has been adjudicated a | 10 | | juvenile delinquent for any of the offenses listed in | 11 | | subsection (c) of Section 8-23 of the Park District Code | 12 | | or subsection (c) of Section 16a-5 of the Chicago Park | 13 | | District Act. | 14 | | (11) Persons managing and designated to participate in | 15 | | a court diversion program as designated in subsection (6) | 16 | | of Section 5-105. | 17 | | (12) The Public Access Counselor of the Office of the | 18 | | Attorney General, when reviewing juvenile law enforcement | 19 | | records under its powers and duties under the Freedom of | 20 | | Information Act. | 21 | | (13) Collection agencies, contracted or otherwise | 22 | | engaged by a governmental entity, to collect any debts due | 23 | | and owing to the governmental entity. | 24 | | (B)(1) Except as provided in paragraph (2), no law | 25 | | enforcement
officer or other person or agency may knowingly | 26 | | transmit to the Department of
Corrections, the Illinois State |
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| 1 | | Police, or the Federal
Bureau of Investigation any fingerprint | 2 | | or photograph relating to a minor who
has been arrested or | 3 | | taken into custody before his or her 18th birthday,
unless the | 4 | | court in proceedings under this Act authorizes the | 5 | | transmission or
enters an order under Section 5-805 permitting | 6 | | or requiring the
institution of
criminal proceedings.
| 7 | | (2) Law enforcement officers or other persons or agencies | 8 | | shall transmit
to the Illinois State Police copies of | 9 | | fingerprints and descriptions
of all minors who have been | 10 | | arrested or taken into custody before their
18th birthday for | 11 | | the offense of unlawful use of weapons under Article 24 of
the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | 13 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 | 14 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | 15 | | Class 2 or greater
felony under the Cannabis Control Act, the | 16 | | Illinois Controlled Substances Act, the Methamphetamine | 17 | | Control and Community Protection Act,
or Chapter 4 of the | 18 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | 19 | | Identification Act. Information reported to the Department | 20 | | pursuant
to this Section may be maintained with records that | 21 | | the Department files
pursuant to Section 2.1 of the Criminal | 22 | | Identification Act. Nothing in this
Act prohibits a law | 23 | | enforcement agency from fingerprinting a minor taken into
| 24 | | custody or arrested before his or her 18th birthday for an | 25 | | offense other than
those listed in this paragraph (2).
| 26 | | (C) The records of law enforcement officers, or of an |
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| 1 | | independent agency created by ordinance and charged by a unit | 2 | | of local government with the duty of investigating the conduct | 3 | | of law enforcement officers, concerning all minors under
18 | 4 | | years of age must be maintained separate from the records of | 5 | | arrests and
may not be open to public inspection or their | 6 | | contents disclosed to the
public. For purposes of obtaining | 7 | | documents under this Section, a civil subpoena is not an order | 8 | | of the court. | 9 | | (1) In cases where the law enforcement, or independent | 10 | | agency, records concern a pending juvenile court case, the | 11 | | party seeking to inspect the records shall provide actual | 12 | | notice to the attorney or guardian ad litem of the minor | 13 | | whose records are sought. | 14 | | (2) In cases where the records concern a juvenile | 15 | | court case that is no longer pending, the party seeking to | 16 | | inspect the records shall provide actual notice to the | 17 | | minor or the minor's parent or legal guardian, and the | 18 | | matter shall be referred to the chief judge presiding over | 19 | | matters pursuant to this Act. | 20 | | (3) In determining whether the records should be | 21 | | available for inspection, the court shall consider the | 22 | | minor's interest in confidentiality and rehabilitation | 23 | | over the moving party's interest in obtaining the | 24 | | information. Any records obtained in violation of this | 25 | | subsection (C) shall not be admissible in any criminal or | 26 | | civil proceeding, or operate to disqualify a minor from |
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| 1 | | subsequently holding public office or securing employment, | 2 | | or operate as a forfeiture of any public benefit, right, | 3 | | privilege, or right to receive any license granted by | 4 | | public authority.
| 5 | | (D) Nothing contained in subsection (C) of this Section | 6 | | shall prohibit
the inspection or disclosure to victims and | 7 | | witnesses of photographs
contained in the records of law | 8 | | enforcement agencies when the
inspection and disclosure is | 9 | | conducted in the presence of a law enforcement
officer for the | 10 | | purpose of the identification or apprehension of any person
| 11 | | subject to the provisions of this Act or for the investigation | 12 | | or
prosecution of any crime.
| 13 | | (E) Law enforcement officers, and personnel of an | 14 | | independent agency created by ordinance and charged by a unit | 15 | | of local government with the duty of investigating the conduct | 16 | | of law enforcement officers, may not disclose the identity of | 17 | | any minor
in releasing information to the general public as to | 18 | | the arrest, investigation
or disposition of any case involving | 19 | | a minor.
| 20 | | (F) Nothing contained in this Section shall prohibit law | 21 | | enforcement
agencies from communicating with each other by | 22 | | letter, memorandum, teletype, or
intelligence alert bulletin | 23 | | or other means the identity or other relevant
information | 24 | | pertaining to a person under 18 years of age if there are
| 25 | | reasonable grounds to believe that the person poses a real and | 26 | | present danger
to the safety of the public or law enforcement |
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| 1 | | officers. The information
provided under this subsection (F) | 2 | | shall remain confidential and shall not
be publicly disclosed, | 3 | | except as otherwise allowed by law.
| 4 | | (G) Nothing in this Section shall prohibit the right of a | 5 | | Civil Service
Commission or appointing authority of any | 6 | | federal government, state, county or municipality
examining | 7 | | the character and fitness of an applicant for employment with | 8 | | a law
enforcement agency, correctional institution, or fire | 9 | | department
from obtaining and examining the
records of any law | 10 | | enforcement agency relating to any record of the applicant
| 11 | | having been arrested or taken into custody before the | 12 | | applicant's 18th
birthday.
| 13 | | (G-5) Information identifying victims and alleged victims | 14 | | of sex offenses shall not be disclosed or open to the public | 15 | | under any circumstances. Nothing in this Section shall | 16 | | prohibit the victim or alleged victim of any sex offense from | 17 | | voluntarily disclosing his or her own identity. | 18 | | (H) The changes made to this Section by Public Act 98-61 | 19 | | apply to law enforcement records of a minor who has been | 20 | | arrested or taken into custody on or after January 1, 2014 (the | 21 | | effective date of Public Act 98-61). | 22 | | (H-5) Nothing in this Section shall require any court or | 23 | | adjudicative proceeding for traffic, boating, fish and game | 24 | | law, or municipal and county ordinance violations to be closed | 25 | | to the public. | 26 | | (I) Willful violation of this Section is a Class C |
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| 1 | | misdemeanor and each violation is subject to a fine of $1,000. | 2 | | This subsection (I) shall not apply to the person who is the | 3 | | subject of the record. | 4 | | (J) A person convicted of violating this Section is liable | 5 | | for damages in the amount of $1,000 or actual damages, | 6 | | whichever is greater. | 7 | | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | 8 | | revised 10-13-21.)"; and | 9 | | on page 37, by inserting below line 18 the following:
| 10 | | "Section 995. No acceleration or delay. Where this Act | 11 | | makes changes in a statute that is represented in this Act by | 12 | | text that is not yet or no longer in effect (for example, a | 13 | | Section represented by multiple versions), the use of that | 14 | | text does not accelerate or delay the taking effect of (i) the | 15 | | changes made by this Act or (ii) provisions derived from any | 16 | | other Public Act.".
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