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

SB3936sam002 102ND GENERAL ASSEMBLY

Sen. Elgie R. Sims, Jr.

Filed: 2/7/2022

 

 


 

 


 
10200SB3936sam002LRB102 23905 RLC 35944 a

1
AMENDMENT TO SENATE BILL 3936

2    AMENDMENT NO. ______. Amend Senate Bill 3936 on page 27,
3by replacing lines 14 and 15 with the following:
 
4    "Section 915. The Juvenile Court Act of 1987 is amended by
5changing 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
9municipal ordinance violation records.
10    (A) All juvenile law enforcement records which have not
11been expunged are confidential and may never be disclosed to
12the general public or otherwise made widely available.
13Juvenile law enforcement records may be obtained only under
14this Section and Section 1-8 and Part 9 of Article V of this
15Act, when their use is needed for good cause and with an order
16from the juvenile court, as required by those not authorized

 

 

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1to retain them. Inspection, copying, and disclosure of
2juvenile law enforcement records maintained by law enforcement
3agencies or records of municipal ordinance violations
4maintained by any State, local, or municipal agency that
5relate to a minor who has been investigated, arrested, or
6taken into custody before his or her 18th birthday shall be
7restricted 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

 

 

10200SB3936sam002- 3 -LRB102 23905 RLC 35944 a

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
3enforcement officer or other person or agency may knowingly
4transmit to the Department of Corrections, the Illinois State
5Police, or the Federal Bureau of Investigation any fingerprint
6or photograph relating to a minor who has been arrested or
7taken into custody before his or her 18th birthday, unless the
8court in proceedings under this Act authorizes the
9transmission or enters an order under Section 5-805 permitting
10or requiring the institution of criminal proceedings.
11    (2) Law enforcement officers or other persons or agencies
12shall transmit to the Illinois State Police copies of
13fingerprints and descriptions of all minors who have been
14arrested or taken into custody before their 18th birthday for
15the offense of unlawful use of weapons under Article 24 of the
16Criminal Code of 1961 or the Criminal Code of 2012, a Class X
17or Class 1 felony, a forcible felony as defined in Section 2-8
18of the Criminal Code of 1961 or the Criminal Code of 2012, or a
19Class 2 or greater felony under the Cannabis Control Act, the
20Illinois Controlled Substances Act, the Methamphetamine
21Control and Community Protection Act, or Chapter 4 of the
22Illinois Vehicle Code, pursuant to Section 5 of the Criminal
23Identification Act. Information reported to the Department
24pursuant to this Section may be maintained with records that
25the Department files pursuant to Section 2.1 of the Criminal
26Identification Act. Nothing in this Act prohibits a law

 

 

10200SB3936sam002- 10 -LRB102 23905 RLC 35944 a

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

 

 

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1or other means the identity or other relevant information
2pertaining to a person under 18 years of age if there are
3reasonable grounds to believe that the person poses a real and
4present danger to the safety of the public or law enforcement
5officers. The information provided under this subsection (F)
6shall remain confidential and shall not be publicly disclosed,
7except as otherwise allowed by law.
8    (G) Nothing in this Section shall prohibit the right of a
9Civil Service Commission or appointing authority of any
10federal government, state, county or municipality examining
11the character and fitness of an applicant for employment with
12a law enforcement agency, correctional institution, or fire
13department from obtaining and examining the records of any law
14enforcement agency relating to any record of the applicant
15having been arrested or taken into custody before the
16applicant's 18th birthday.
17    (G-5) Information identifying victims and alleged victims
18of sex offenses shall not be disclosed or open to the public
19under any circumstances. Nothing in this Section shall
20prohibit the victim or alleged victim of any sex offense from
21voluntarily disclosing his or her own identity.
22    (H) The changes made to this Section by Public Act 98-61
23apply to law enforcement records of a minor who has been
24arrested or taken into custody on or after January 1, 2014 (the
25effective date of Public Act 98-61).
26    (H-5) Nothing in this Section shall require any court or

 

 

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1adjudicative proceeding for traffic, boating, fish and game
2law, or municipal and county ordinance violations to be closed
3to the public.
4    (I) Willful violation of this Section is a Class C
5misdemeanor and each violation is subject to a fine of $1,000.
6This subsection (I) shall not apply to the person who is the
7subject of the record.
8    (J) A person convicted of violating this Section is liable
9for damages in the amount of $1,000 or actual damages,
10whichever 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
14municipal ordinance violation records.
15    (A) All juvenile law enforcement records which have not
16been expunged are confidential and may never be disclosed to
17the general public or otherwise made widely available.
18Juvenile law enforcement records may be obtained only under
19this Section and Section 1-8 and Part 9 of Article V of this
20Act, when their use is needed for good cause and with an order
21from the juvenile court, as required by those not authorized
22to retain them. Inspection, copying, and disclosure of
23juvenile law enforcement records maintained by law enforcement
24agencies or records of municipal ordinance violations
25maintained by any State, local, or municipal agency that

 

 

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1relate to a minor who has been investigated, arrested, or
2taken into custody before his or her 18th birthday shall be
3restricted 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
25enforcement officer or other person or agency may knowingly
26transmit to the Department of Corrections, the Illinois State

 

 

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1Police, or the Federal Bureau of Investigation any fingerprint
2or photograph relating to a minor who has been arrested or
3taken into custody before his or her 18th birthday, unless the
4court in proceedings under this Act authorizes the
5transmission or enters an order under Section 5-805 permitting
6or requiring the institution of criminal proceedings.
7    (2) Law enforcement officers or other persons or agencies
8shall transmit to the Illinois State Police copies of
9fingerprints and descriptions of all minors who have been
10arrested or taken into custody before their 18th birthday for
11the offense of unlawful use of weapons under Article 24 of the
12Criminal Code of 1961 or the Criminal Code of 2012, a Class X
13or Class 1 felony, a forcible felony as defined in Section 2-8
14of the Criminal Code of 1961 or the Criminal Code of 2012, or a
15Class 2 or greater felony under the Cannabis Control Act, the
16Illinois Controlled Substances Act, the Methamphetamine
17Control and Community Protection Act, or Chapter 4 of the
18Illinois Vehicle Code, pursuant to Section 5 of the Criminal
19Identification Act. Information reported to the Department
20pursuant to this Section may be maintained with records that
21the Department files pursuant to Section 2.1 of the Criminal
22Identification Act. Nothing in this Act prohibits a law
23enforcement agency from fingerprinting a minor taken into
24custody or arrested before his or her 18th birthday for an
25offense other than those listed in this paragraph (2).
26    (C) The records of law enforcement officers, or of an

 

 

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1independent agency created by ordinance and charged by a unit
2of local government with the duty of investigating the conduct
3of law enforcement officers, concerning all minors under 18
4years of age must be maintained separate from the records of
5arrests and may not be open to public inspection or their
6contents disclosed to the public. For purposes of obtaining
7documents under this Section, a civil subpoena is not an order
8of 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
6shall prohibit the inspection or disclosure to victims and
7witnesses of photographs contained in the records of law
8enforcement agencies when the inspection and disclosure is
9conducted in the presence of a law enforcement officer for the
10purpose of the identification or apprehension of any person
11subject to the provisions of this Act or for the investigation
12or prosecution of any crime.
13    (E) Law enforcement officers, and personnel of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, may not disclose the identity of
17any minor in releasing information to the general public as to
18the arrest, investigation or disposition of any case involving
19a minor.
20    (F) Nothing contained in this Section shall prohibit law
21enforcement agencies from communicating with each other by
22letter, memorandum, teletype, or intelligence alert bulletin
23or other means the identity or other relevant information
24pertaining to a person under 18 years of age if there are
25reasonable grounds to believe that the person poses a real and
26present danger to the safety of the public or law enforcement

 

 

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1officers. The information provided under this subsection (F)
2shall remain confidential and shall not be publicly disclosed,
3except as otherwise allowed by law.
4    (G) Nothing in this Section shall prohibit the right of a
5Civil Service Commission or appointing authority of any
6federal government, state, county or municipality examining
7the character and fitness of an applicant for employment with
8a law enforcement agency, correctional institution, or fire
9department from obtaining and examining the records of any law
10enforcement agency relating to any record of the applicant
11having been arrested or taken into custody before the
12applicant's 18th birthday.
13    (G-5) Information identifying victims and alleged victims
14of sex offenses shall not be disclosed or open to the public
15under any circumstances. Nothing in this Section shall
16prohibit the victim or alleged victim of any sex offense from
17voluntarily disclosing his or her own identity.
18    (H) The changes made to this Section by Public Act 98-61
19apply to law enforcement records of a minor who has been
20arrested or taken into custody on or after January 1, 2014 (the
21effective date of Public Act 98-61).
22    (H-5) Nothing in this Section shall require any court or
23adjudicative proceeding for traffic, boating, fish and game
24law, or municipal and county ordinance violations to be closed
25to the public.
26    (I) Willful violation of this Section is a Class C

 

 

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1misdemeanor and each violation is subject to a fine of $1,000.
2This subsection (I) shall not apply to the person who is the
3subject of the record.
4    (J) A person convicted of violating this Section is liable
5for damages in the amount of $1,000 or actual damages,
6whichever is greater.
7(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
8revised 10-13-21.)"; and
 
9on page 37, by inserting below line 18 the following:
 
10    "Section 995. No acceleration or delay. Where this Act
11makes changes in a statute that is represented in this Act by
12text that is not yet or no longer in effect (for example, a
13Section represented by multiple versions), the use of that
14text does not accelerate or delay the taking effect of (i) the
15changes made by this Act or (ii) provisions derived from any
16other Public Act.".