Full Text of HB3895 99th General Assembly
HB3895enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2.15, 7, and 7.5 as follows: | 6 | | (5 ILCS 140/2.15)
| 7 | | Sec. 2.15. Arrest reports and criminal history records. | 8 | | (a) Arrest reports. The following chronologically | 9 | | maintained arrest and criminal history information maintained | 10 | | by State or local criminal justice agencies shall be furnished | 11 | | as soon as practical, but in no event later than 72 hours after | 12 | | the arrest, notwithstanding the time limits otherwise provided | 13 | | for in Section 3 of this Act: (i) information that identifies | 14 | | the individual, including the name, age, address, and | 15 | | photograph, when and if available; (ii) information detailing | 16 | | any charges relating to the arrest; (iii) the time and location | 17 | | of the arrest; (iv) the name of the investigating or arresting | 18 | | law enforcement agency; (v) if the individual is incarcerated, | 19 | | the amount of any bail or bond; and (vi) if the individual is | 20 | | incarcerated, the time and date that the individual was | 21 | | received into, discharged from, or transferred from the | 22 | | arresting agency's custody. | 23 | | (b) Criminal history records. The following documents |
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| 1 | | maintained by a public body pertaining to
criminal history | 2 | | record information are public records subject to inspection and | 3 | | copying by the
public pursuant to this Act: (i) court records | 4 | | that are public; (ii) records that are otherwise
available | 5 | | under State or local law; and (iii) records in which the | 6 | | requesting party is the individual
identified, except as | 7 | | provided under Section 7(1)(d)(vi). | 8 | | (c) Information described in items (iii) through (vi) of | 9 | | subsection (a) may be withheld if it is
determined that | 10 | | disclosure would: (i) interfere with pending or actually and | 11 | | reasonably contemplated law enforcement proceedings conducted | 12 | | by any law enforcement agency; (ii) endanger the life or | 13 | | physical safety of law enforcement or correctional personnel or | 14 | | any other person; or (iii) compromise the security of any | 15 | | correctional facility. | 16 | | (d) The provisions of this Section do not supersede the | 17 | | confidentiality provisions for law enforcement or arrest | 18 | | records of the Juvenile Court Act of 1987.
| 19 | | (Source: P.A. 96-542, eff. 1-1-10.) | 20 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 21 | | Sec. 7. Exemptions.
| 22 | | (1) When a request is made to inspect or copy a public | 23 | | record that contains information that is exempt from disclosure | 24 | | under this Section, but also contains information that is not | 25 | | exempt from disclosure, the public body may elect to redact the |
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| 1 | | information that is exempt. The public body shall make the | 2 | | remaining information available for inspection and copying. | 3 | | Subject to this requirement, the following shall be exempt from | 4 | | inspection and copying:
| 5 | | (a) Information specifically prohibited from | 6 | | disclosure by federal or
State law or rules and regulations | 7 | | implementing federal or State law.
| 8 | | (b) Private information, unless disclosure is required | 9 | | by another provision of this Act, a State or federal law or | 10 | | a court order. | 11 | | (b-5) Files, documents, and other data or databases | 12 | | maintained by one or more law enforcement agencies and | 13 | | specifically designed to provide information to one or more | 14 | | law enforcement agencies regarding the physical or mental | 15 | | status of one or more individual subjects. | 16 | | (c) Personal information contained within public | 17 | | records, the disclosure of which would constitute a clearly
| 18 | | unwarranted invasion of personal privacy, unless the | 19 | | disclosure is
consented to in writing by the individual | 20 | | subjects of the information. "Unwarranted invasion of | 21 | | personal privacy" means the disclosure of information that | 22 | | is highly personal or objectionable to a reasonable person | 23 | | and in which the subject's right to privacy outweighs any | 24 | | legitimate public interest in obtaining the information. | 25 | | The
disclosure of information that bears on the public | 26 | | duties of public
employees and officials shall not be |
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| 1 | | considered an invasion of personal
privacy.
| 2 | | (d) Records in the possession of any public body | 3 | | created in the course of administrative enforcement
| 4 | | proceedings, and any law enforcement or correctional | 5 | | agency for
law enforcement purposes,
but only to the extent | 6 | | that disclosure would:
| 7 | | (i) interfere with pending or actually and | 8 | | reasonably contemplated
law enforcement proceedings | 9 | | conducted by any law enforcement or correctional
| 10 | | agency that is the recipient of the request;
| 11 | | (ii) interfere with active administrative | 12 | | enforcement proceedings
conducted by the public body | 13 | | that is the recipient of the request;
| 14 | | (iii) create a substantial likelihood that a | 15 | | person will be deprived of a fair trial or an impartial | 16 | | hearing;
| 17 | | (iv) unavoidably disclose the identity of a | 18 | | confidential source, confidential information | 19 | | furnished only by the confidential source, or persons | 20 | | who file complaints with or provide information to | 21 | | administrative, investigative, law enforcement, or | 22 | | penal agencies; except that the identities of | 23 | | witnesses to traffic accidents, traffic accident | 24 | | reports, and rescue reports shall be provided by | 25 | | agencies of local government, except when disclosure | 26 | | would interfere with an active criminal investigation |
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| 1 | | conducted by the agency that is the recipient of the | 2 | | request;
| 3 | | (v) disclose unique or specialized investigative | 4 | | techniques other than
those generally used and known or | 5 | | disclose internal documents of
correctional agencies | 6 | | related to detection, observation or investigation of
| 7 | | incidents of crime or misconduct, and disclosure would | 8 | | result in demonstrable harm to the agency or public | 9 | | body that is the recipient of the request;
| 10 | | (vi) endanger the life or physical safety of law | 11 | | enforcement personnel
or any other person; or
| 12 | | (vii) obstruct an ongoing criminal investigation | 13 | | by the agency that is the recipient of the request.
| 14 | | (d-5) A law enforcement record created for law | 15 | | enforcement purposes and contained in a shared electronic | 16 | | record management system if the law enforcement agency that | 17 | | is the recipient of the request did not create the record, | 18 | | did not participate in or have a role in any of the events | 19 | | which are the subject of the record, and only has access to | 20 | | the record through the shared electronic record management | 21 | | system. | 22 | | (e) Records that relate to or affect the security of | 23 | | correctional
institutions and detention facilities.
| 24 | | (e-5) Records requested by persons committed to the | 25 | | Department of Corrections if those materials are available | 26 | | in the library of the correctional facility where the |
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| 1 | | inmate is confined. | 2 | | (e-6) Records requested by persons committed to the | 3 | | Department of Corrections if those materials include | 4 | | records from staff members' personnel files, staff | 5 | | rosters, or other staffing assignment information. | 6 | | (e-7) Records requested by persons committed to the | 7 | | Department of Corrections if those materials are available | 8 | | through an administrative request to the Department of | 9 | | Corrections. | 10 | | (f) Preliminary drafts, notes, recommendations, | 11 | | memoranda and other
records in which opinions are | 12 | | expressed, or policies or actions are
formulated, except | 13 | | that a specific record or relevant portion of a
record | 14 | | shall not be exempt when the record is publicly cited
and | 15 | | identified by the head of the public body. The exemption | 16 | | provided in
this paragraph (f) extends to all those records | 17 | | of officers and agencies
of the General Assembly that | 18 | | pertain to the preparation of legislative
documents.
| 19 | | (g) Trade secrets and commercial or financial | 20 | | information obtained from
a person or business where the | 21 | | trade secrets or commercial or financial information are | 22 | | furnished under a claim that they are
proprietary, | 23 | | privileged or confidential, and that disclosure of the | 24 | | trade
secrets or commercial or financial information would | 25 | | cause competitive harm to the person or business, and only | 26 | | insofar as the claim directly applies to the records |
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| 1 | | requested. | 2 | | The information included under this exemption includes | 3 | | all trade secrets and commercial or financial information | 4 | | obtained by a public body, including a public pension fund, | 5 | | from a private equity fund or a privately held company | 6 | | within the investment portfolio of a private equity fund as | 7 | | a result of either investing or evaluating a potential | 8 | | investment of public funds in a private equity fund. The | 9 | | exemption contained in this item does not apply to the | 10 | | aggregate financial performance information of a private | 11 | | equity fund, nor to the identity of the fund's managers or | 12 | | general partners. The exemption contained in this item does | 13 | | not apply to the identity of a privately held company | 14 | | within the investment portfolio of a private equity fund, | 15 | | unless the disclosure of the identity of a privately held | 16 | | company may cause competitive harm. | 17 | | Nothing contained in this
paragraph (g) shall be | 18 | | construed to prevent a person or business from
consenting | 19 | | to disclosure.
| 20 | | (h) Proposals and bids for any contract, grant, or | 21 | | agreement, including
information which if it were | 22 | | disclosed would frustrate procurement or give
an advantage | 23 | | to any person proposing to enter into a contractor | 24 | | agreement
with the body, until an award or final selection | 25 | | is made. Information
prepared by or for the body in | 26 | | preparation of a bid solicitation shall be
exempt until an |
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| 1 | | award or final selection is made.
| 2 | | (i) Valuable formulae,
computer geographic systems,
| 3 | | designs, drawings and research data obtained or
produced by | 4 | | any public body when disclosure could reasonably be | 5 | | expected to
produce private gain or public loss.
The | 6 | | exemption for "computer geographic systems" provided in | 7 | | this paragraph
(i) does not extend to requests made by news | 8 | | media as defined in Section 2 of
this Act when the | 9 | | requested information is not otherwise exempt and the only
| 10 | | purpose of the request is to access and disseminate | 11 | | information regarding the
health, safety, welfare, or | 12 | | legal rights of the general public.
| 13 | | (j) The following information pertaining to | 14 | | educational matters: | 15 | | (i) test questions, scoring keys and other | 16 | | examination data used to
administer an academic | 17 | | examination;
| 18 | | (ii) information received by a primary or | 19 | | secondary school, college, or university under its | 20 | | procedures for the evaluation of faculty members by | 21 | | their academic peers; | 22 | | (iii) information concerning a school or | 23 | | university's adjudication of student disciplinary | 24 | | cases, but only to the extent that disclosure would | 25 | | unavoidably reveal the identity of the student; and | 26 | | (iv) course materials or research materials used |
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| 1 | | by faculty members. | 2 | | (k) Architects' plans, engineers' technical | 3 | | submissions, and
other
construction related technical | 4 | | documents for
projects not constructed or developed in | 5 | | whole or in part with public funds
and the same for | 6 | | projects constructed or developed with public funds, | 7 | | including but not limited to power generating and | 8 | | distribution stations and other transmission and | 9 | | distribution facilities, water treatment facilities, | 10 | | airport facilities, sport stadiums, convention centers, | 11 | | and all government owned, operated, or occupied buildings, | 12 | | but
only to the extent
that disclosure would compromise | 13 | | security.
| 14 | | (l) Minutes of meetings of public bodies closed to the
| 15 | | public as provided in the Open Meetings Act until the | 16 | | public body
makes the minutes available to the public under | 17 | | Section 2.06 of the Open
Meetings Act.
| 18 | | (m) Communications between a public body and an | 19 | | attorney or auditor
representing the public body that would | 20 | | not be subject to discovery in
litigation, and materials | 21 | | prepared or compiled by or for a public body in
| 22 | | anticipation of a criminal, civil or administrative | 23 | | proceeding upon the
request of an attorney advising the | 24 | | public body, and materials prepared or
compiled with | 25 | | respect to internal audits of public bodies.
| 26 | | (n) Records relating to a public body's adjudication of |
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| 1 | | employee grievances or disciplinary cases; however, this | 2 | | exemption shall not extend to the final outcome of cases in | 3 | | which discipline is imposed.
| 4 | | (o) Administrative or technical information associated | 5 | | with automated
data processing operations, including but | 6 | | not limited to software,
operating protocols, computer | 7 | | program abstracts, file layouts, source
listings, object | 8 | | modules, load modules, user guides, documentation
| 9 | | pertaining to all logical and physical design of | 10 | | computerized systems,
employee manuals, and any other | 11 | | information that, if disclosed, would
jeopardize the | 12 | | security of the system or its data or the security of
| 13 | | materials exempt under this Section.
| 14 | | (p) Records relating to collective negotiating matters
| 15 | | between public bodies and their employees or | 16 | | representatives, except that
any final contract or | 17 | | agreement shall be subject to inspection and copying.
| 18 | | (q) Test questions, scoring keys, and other | 19 | | examination data used to determine the qualifications of an | 20 | | applicant for a license or employment.
| 21 | | (r) The records, documents, and information relating | 22 | | to real estate
purchase negotiations until those | 23 | | negotiations have been completed or
otherwise terminated. | 24 | | With regard to a parcel involved in a pending or
actually | 25 | | and reasonably contemplated eminent domain proceeding | 26 | | under the Eminent Domain Act, records, documents and
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| 1 | | information relating to that parcel shall be exempt except | 2 | | as may be
allowed under discovery rules adopted by the | 3 | | Illinois Supreme Court. The
records, documents and | 4 | | information relating to a real estate sale shall be
exempt | 5 | | until a sale is consummated.
| 6 | | (s) Any and all proprietary information and records | 7 | | related to the
operation of an intergovernmental risk | 8 | | management association or
self-insurance pool or jointly | 9 | | self-administered health and accident
cooperative or pool.
| 10 | | Insurance or self insurance (including any | 11 | | intergovernmental risk management association or self | 12 | | insurance pool) claims, loss or risk management | 13 | | information, records, data, advice or communications.
| 14 | | (t) Information contained in or related to | 15 | | examination, operating, or
condition reports prepared by, | 16 | | on behalf of, or for the use of a public
body responsible | 17 | | for the regulation or supervision of financial
| 18 | | institutions or insurance companies, unless disclosure is | 19 | | otherwise
required by State law.
| 20 | | (u) Information that would disclose
or might lead to | 21 | | the disclosure of
secret or confidential information, | 22 | | codes, algorithms, programs, or private
keys intended to be | 23 | | used to create electronic or digital signatures under the
| 24 | | Electronic Commerce Security Act.
| 25 | | (v) Vulnerability assessments, security measures, and | 26 | | response policies
or plans that are designed to identify, |
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| 1 | | prevent, or respond to potential
attacks upon a community's | 2 | | population or systems, facilities, or installations,
the | 3 | | destruction or contamination of which would constitute a | 4 | | clear and present
danger to the health or safety of the | 5 | | community, but only to the extent that
disclosure could | 6 | | reasonably be expected to jeopardize the effectiveness of | 7 | | the
measures or the safety of the personnel who implement | 8 | | them or the public.
Information exempt under this item may | 9 | | include such things as details
pertaining to the | 10 | | mobilization or deployment of personnel or equipment, to | 11 | | the
operation of communication systems or protocols, or to | 12 | | tactical operations.
| 13 | | (w) (Blank). | 14 | | (x) Maps and other records regarding the location or | 15 | | security of generation, transmission, distribution, | 16 | | storage, gathering,
treatment, or switching facilities | 17 | | owned by a utility, by a power generator, or by the | 18 | | Illinois Power Agency.
| 19 | | (y) Information contained in or related to proposals, | 20 | | bids, or negotiations related to electric power | 21 | | procurement under Section 1-75 of the Illinois Power Agency | 22 | | Act and Section 16-111.5 of the Public Utilities Act that | 23 | | is determined to be confidential and proprietary by the | 24 | | Illinois Power Agency or by the Illinois Commerce | 25 | | Commission.
| 26 | | (z) Information about students exempted from |
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| 1 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 2 | | School Code, and information about undergraduate students | 3 | | enrolled at an institution of higher education exempted | 4 | | from disclosure under Section 25 of the Illinois Credit | 5 | | Card Marketing Act of 2009. | 6 | | (aa) Information the disclosure of which is
exempted | 7 | | under the Viatical Settlements Act of 2009.
| 8 | | (bb) Records and information provided to a mortality | 9 | | review team and records maintained by a mortality review | 10 | | team appointed under the Department of Juvenile Justice | 11 | | Mortality Review Team Act. | 12 | | (cc) Information regarding interments, entombments, or | 13 | | inurnments of human remains that are submitted to the | 14 | | Cemetery Oversight Database under the Cemetery Care Act or | 15 | | the Cemetery Oversight Act, whichever is applicable. | 16 | | (dd) Correspondence and records (i) that may not be | 17 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 18 | | that pertain to appeals under Section 11-8 of the Public | 19 | | Aid Code. | 20 | | (ee) The names, addresses, or other personal | 21 | | information of persons who are minors and are also | 22 | | participants and registrants in programs of park | 23 | | districts, forest preserve districts, conservation | 24 | | districts, recreation agencies, and special recreation | 25 | | associations. | 26 | | (ff) The names, addresses, or other personal |
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| 1 | | information of participants and registrants in programs of | 2 | | park districts, forest preserve districts, conservation | 3 | | districts, recreation agencies, and special recreation | 4 | | associations where such programs are targeted primarily to | 5 | | minors. | 6 | | (gg) Confidential information described in Section | 7 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 8 | | (hh) The report submitted to the State Board of | 9 | | Education by the School Security and Standards Task Force | 10 | | under item (8) of subsection (d) of Section 2-3.160 of the | 11 | | School Code and any information contained in that report. | 12 | | (ii) Records requested by persons committed to or | 13 | | detained by the Department of Human Services under the | 14 | | Sexually Violent Persons Commitment Act or committed to the | 15 | | Department of Corrections under the Sexually Dangerous | 16 | | Persons Act if those materials: (i) are available in the | 17 | | library of the facility where the individual is confined; | 18 | | (ii) include records from staff members' personnel files, | 19 | | staff rosters, or other staffing assignment information; | 20 | | or (iii) are available through an administrative request to | 21 | | the Department of Human Services or the Department of | 22 | | Corrections. | 23 | | (1.5) Any information exempt from disclosure under the | 24 | | Judicial Privacy Act shall be redacted from public records | 25 | | prior to disclosure under this Act. | 26 | | (2) A public record that is not in the possession of a |
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| 1 | | public body but is in the possession of a party with whom the | 2 | | agency has contracted to perform a governmental function on | 3 | | behalf of the public body, and that directly relates to the | 4 | | governmental function and is not otherwise exempt under this | 5 | | Act, shall be considered a public record of the public body, | 6 | | for purposes of this Act. | 7 | | (3) This Section does not authorize withholding of | 8 | | information or limit the
availability of records to the public, | 9 | | except as stated in this Section or
otherwise provided in this | 10 | | Act.
| 11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; | 12 | | 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. | 13 | | 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, | 14 | | eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | 15 | | 98-695, eff. 7-3-14.) | 16 | | (5 ILCS 140/7.5) | 17 | | Sec. 7.5. Statutory exemptions Exemptions . To the extent | 18 | | provided for by the statutes referenced below, the following | 19 | | shall be exempt from inspection and copying: | 20 | | (a) All information determined to be confidential | 21 | | under Section 4002 of the Technology Advancement and | 22 | | Development Act. | 23 | | (b) Library circulation and order records identifying | 24 | | library users with specific materials under the Library | 25 | | Records Confidentiality Act. |
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| 1 | | (c) Applications, related documents, and medical | 2 | | records received by the Experimental Organ Transplantation | 3 | | Procedures Board and any and all documents or other records | 4 | | prepared by the Experimental Organ Transplantation | 5 | | Procedures Board or its staff relating to applications it | 6 | | has received. | 7 | | (d) Information and records held by the Department of | 8 | | Public Health and its authorized representatives relating | 9 | | to known or suspected cases of sexually transmissible | 10 | | disease or any information the disclosure of which is | 11 | | restricted under the Illinois Sexually Transmissible | 12 | | Disease Control Act. | 13 | | (e) Information the disclosure of which is exempted | 14 | | under Section 30 of the Radon Industry Licensing Act. | 15 | | (f) Firm performance evaluations under Section 55 of | 16 | | the Architectural, Engineering, and Land Surveying | 17 | | Qualifications Based Selection Act. | 18 | | (g) Information the disclosure of which is restricted | 19 | | and exempted under Section 50 of the Illinois Prepaid | 20 | | Tuition Act. | 21 | | (h) Information the disclosure of which is exempted | 22 | | under the State Officials and Employees Ethics Act, and | 23 | | records of any lawfully created State or local inspector | 24 | | general's office that would be exempt if created or | 25 | | obtained by an Executive Inspector General's office under | 26 | | that Act. |
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| 1 | | (i) Information contained in a local emergency energy | 2 | | plan submitted to a municipality in accordance with a local | 3 | | emergency energy plan ordinance that is adopted under | 4 | | Section 11-21.5-5 of the Illinois Municipal Code. | 5 | | (j) Information and data concerning the distribution | 6 | | of surcharge moneys collected and remitted by wireless | 7 | | carriers under the Wireless Emergency Telephone Safety | 8 | | Act. | 9 | | (k) Law enforcement officer identification information | 10 | | or driver identification information compiled by a law | 11 | | enforcement agency or the Department of Transportation | 12 | | under Section 11-212 of the Illinois Vehicle Code. | 13 | | (l) Records and information provided to a residential | 14 | | health care facility resident sexual assault and death | 15 | | review team or the Executive Council under the Abuse | 16 | | Prevention Review Team Act. | 17 | | (m) Information provided to the predatory lending | 18 | | database created pursuant to Article 3 of the Residential | 19 | | Real Property Disclosure Act, except to the extent | 20 | | authorized under that Article. | 21 | | (n) Defense budgets and petitions for certification of | 22 | | compensation and expenses for court appointed trial | 23 | | counsel as provided under Sections 10 and 15 of the Capital | 24 | | Crimes Litigation Act. This subsection (n) shall apply | 25 | | until the conclusion of the trial of the case, even if the | 26 | | prosecution chooses not to pursue the death penalty prior |
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| 1 | | to trial or sentencing. | 2 | | (o) Information that is prohibited from being | 3 | | disclosed under Section 4 of the Illinois Health and | 4 | | Hazardous Substances Registry Act. | 5 | | (p) Security portions of system safety program plans, | 6 | | investigation reports, surveys, schedules, lists, data, or | 7 | | information compiled, collected, or prepared by or for the | 8 | | Regional Transportation Authority under Section 2.11 of | 9 | | the Regional Transportation Authority Act or the St. Clair | 10 | | County Transit District under the Bi-State Transit Safety | 11 | | Act. | 12 | | (q) Information prohibited from being disclosed by the | 13 | | Personnel Records Review Act. | 14 | | (r) Information prohibited from being disclosed by the | 15 | | Illinois School Student Records Act. | 16 | | (s) Information the disclosure of which is restricted | 17 | | under Section 5-108 of the Public Utilities Act.
| 18 | | (t) All identified or deidentified health information | 19 | | in the form of health data or medical records contained in, | 20 | | stored in, submitted to, transferred by, or released from | 21 | | the Illinois Health Information Exchange, and identified | 22 | | or deidentified health information in the form of health | 23 | | data and medical records of the Illinois Health Information | 24 | | Exchange in the possession of the Illinois Health | 25 | | Information Exchange Authority due to its administration | 26 | | of the Illinois Health Information Exchange. The terms |
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| 1 | | "identified" and "deidentified" shall be given the same | 2 | | meaning as in the Health Insurance Accountability and | 3 | | Portability Act of 1996, Public Law 104-191, or any | 4 | | subsequent amendments thereto, and any regulations | 5 | | promulgated thereunder. | 6 | | (u) Records and information provided to an independent | 7 | | team of experts under Brian's Law. | 8 | | (v) Names and information of people who have applied | 9 | | for or received Firearm Owner's Identification Cards under | 10 | | the Firearm Owners Identification Card Act or applied for | 11 | | or received a concealed carry license under the Firearm | 12 | | Concealed Carry Act, unless otherwise authorized by the | 13 | | Firearm Concealed Carry Act; and databases under the | 14 | | Firearm Concealed Carry Act, records of the Concealed Carry | 15 | | Licensing Review Board under the Firearm Concealed Carry | 16 | | Act, and law enforcement agency objections under the | 17 | | Firearm Concealed Carry Act. | 18 | | (w) Personally identifiable information which is | 19 | | exempted from disclosure under subsection (g) of Section | 20 | | 19.1 of the Toll Highway Act. | 21 | | (x) Information which is exempted from disclosure | 22 | | under Section 5-1014.3 of the Counties Code or Section | 23 | | 8-11-21 of the Illinois Municipal Code. | 24 | | (y) Confidential information under the Adult | 25 | | Protective Services Act and its predecessor enabling | 26 | | statute, the Elder Abuse and Neglect Act, including |
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| 1 | | information about the identity and administrative finding | 2 | | against any caregiver of a verified and substantiated | 3 | | decision of abuse, neglect, or financial exploitation of an | 4 | | eligible adult maintained in the Registry established | 5 | | under Section 7.5 of the Adult Protective Services Act . | 6 | | (z) Records and information provided to a fatality | 7 | | review team or the Illinois Fatality Review Team Advisory | 8 | | Council under Section 15 of the Adult Protective Services | 9 | | Act. | 10 | | (aa) Information which is exempted from disclosure | 11 | | under Section 2.37 of the Wildlife Code. | 12 | | (bb) Information which is or was prohibited from | 13 | | disclosure by the Juvenile Court Act of 1987. | 14 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | 15 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | 16 | | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, | 17 | | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.) | 18 | | Section 10. The Juvenile Court Act of 1987 is amended by | 19 | | changing Sections 1-7 and 5-905 as follows:
| 20 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 21 | | Sec. 1-7. Confidentiality of law enforcement records.
| 22 | | (A) Inspection and copying of law enforcement records | 23 | | maintained by law
enforcement agencies that relate to a minor | 24 | | who has been investigated, arrested , or taken
into custody |
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| 1 | | before his or her 18th birthday shall be restricted to the
| 2 | | following:
| 3 | | (1) Any local, State or federal law enforcement | 4 | | officers of any
jurisdiction or agency when necessary for | 5 | | the discharge of their official
duties during the | 6 | | investigation or prosecution of a crime or relating to a
| 7 | | minor who has been adjudicated delinquent and there has | 8 | | been a previous finding
that the act which constitutes the | 9 | | previous offense was committed in
furtherance of criminal | 10 | | activities by a criminal street gang, or, when necessary | 11 | | for the discharge of its official duties in connection with | 12 | | a particular investigation of the conduct of a law | 13 | | enforcement officer, an independent agency or its staff | 14 | | created by ordinance and charged by a unit of local | 15 | | government with the duty of investigating the conduct of | 16 | | law enforcement officers. For purposes of
this Section, | 17 | | "criminal street gang" has the meaning ascribed to it in
| 18 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 19 | | Prevention Act.
| 20 | | (2) Prosecutors, probation officers, social workers, | 21 | | or other
individuals assigned by the court to conduct a | 22 | | pre-adjudication or
pre-disposition investigation, and | 23 | | individuals responsible for supervising
or providing | 24 | | temporary or permanent care and custody for minors pursuant | 25 | | to
the order of the juvenile court, when essential to | 26 | | performing their
responsibilities.
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| 1 | | (3) Prosecutors and probation officers:
| 2 | | (a) in the course of a trial when institution of | 3 | | criminal proceedings
has been permitted or required | 4 | | under Section 5-805; or
| 5 | | (b) when institution of criminal proceedings has | 6 | | been permitted or required under Section 5-805 and such | 7 | | minor is the
subject
of a proceeding to determine the | 8 | | amount of bail; or
| 9 | | (c) when criminal proceedings have been permitted
| 10 | | or
required under Section 5-805 and such minor is the | 11 | | subject of a
pre-trial
investigation, pre-sentence | 12 | | investigation, fitness hearing, or proceedings
on an | 13 | | application for probation.
| 14 | | (4) Adult and Juvenile Prisoner Review Board.
| 15 | | (5) Authorized military personnel.
| 16 | | (6) Persons engaged in bona fide research, with the | 17 | | permission of the
Presiding Judge of the Juvenile Court and | 18 | | the chief executive of the respective
law enforcement | 19 | | agency; provided that publication of such research results
| 20 | | in no disclosure of a minor's identity and protects the | 21 | | confidentiality
of the minor's record.
| 22 | | (7) Department of Children and Family Services child | 23 | | protection
investigators acting in their official | 24 | | capacity.
| 25 | | (8) The appropriate school official only if the agency | 26 | | or officer believes that there is an imminent threat of |
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| 1 | | physical harm to students, school personnel, or others who | 2 | | are present in the school or on school grounds. | 3 | | (A) Inspection and copying
shall be limited to law | 4 | | enforcement records transmitted to the appropriate
| 5 | | school official or officials whom the school has | 6 | | determined to have a legitimate educational or safety | 7 | | interest by a local law enforcement agency under a | 8 | | reciprocal reporting
system established and maintained | 9 | | between the school district and the local law
| 10 | | enforcement agency under Section 10-20.14 of the | 11 | | School Code concerning a minor
enrolled in a school | 12 | | within the school district who has been arrested or | 13 | | taken
into custody for any of the following offenses:
| 14 | | (i) any violation of Article 24 of the Criminal | 15 | | Code of
1961 or the Criminal Code of 2012;
| 16 | | (ii) a violation of the Illinois Controlled | 17 | | Substances Act;
| 18 | | (iii) a violation of the Cannabis Control Act;
| 19 | | (iv) a forcible felony as defined in Section | 20 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 21 | | Code of 2012; | 22 | | (v) a violation of the Methamphetamine Control | 23 | | and Community Protection Act;
| 24 | | (vi) a violation of Section 1-2 of the | 25 | | Harassing and Obscene Communications Act; | 26 | | (vii) a violation of the Hazing Act; or |
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| 1 | | (viii) a violation of Section 12-1, 12-2, | 2 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 3 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012. | 5 | | The information derived from the law enforcement | 6 | | records shall be kept separate from and shall not | 7 | | become a part of the official school record of that | 8 | | child and shall not be a public record. The information | 9 | | shall be used solely by the appropriate school official | 10 | | or officials whom the school has determined to have a | 11 | | legitimate educational or safety interest to aid in the | 12 | | proper rehabilitation of the child and to protect the | 13 | | safety of students and employees in the school. If the | 14 | | designated law enforcement and school officials deem | 15 | | it to be in the best interest of the minor, the student | 16 | | may be 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 law enforcement | 6 | | records, and shall be used solely by the appropriate | 7 | | school official or officials to protect the safety of | 8 | | students and employees in the school and aid in the | 9 | | proper rehabilitation of the child. The information | 10 | | derived orally from the local law enforcement | 11 | | officials shall be kept separate from and shall not | 12 | | become a part of the official school record of the | 13 | | child and shall not be a public record. This limitation | 14 | | on the use of information about a minor who is the | 15 | | subject of a current police investigation shall in no | 16 | | way limit the use of this information by prosecutors in | 17 | | pursuing criminal charges arising out of the | 18 | | information disclosed during a police investigation of | 19 | | the minor. For purposes of this paragraph, | 20 | | "investigation" means an official systematic inquiry | 21 | | by a law enforcement agency into actual or suspected | 22 | | criminal activity.
| 23 | | (9) Mental health professionals on behalf of the | 24 | | Illinois Department of
Corrections or the Department of | 25 | | Human Services or prosecutors who are
evaluating, | 26 | | prosecuting, or investigating a potential or actual |
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| 1 | | petition
brought
under the Sexually Violent Persons | 2 | | Commitment Act relating to a person who is
the
subject of | 3 | | juvenile law enforcement records or the respondent to a | 4 | | petition
brought under the Sexually Violent Persons | 5 | | Commitment Act who is the subject of
the
juvenile law | 6 | | enforcement records sought.
Any records and any | 7 | | information obtained from those records under this
| 8 | | paragraph (9) may be used only in sexually violent persons | 9 | | commitment
proceedings.
| 10 | | (10) The president of a park district. Inspection and | 11 | | copying shall be limited to law enforcement records | 12 | | transmitted to the president of the park district by the | 13 | | Illinois State Police under Section 8-23 of the Park | 14 | | District Code or Section 16a-5 of the Chicago Park District | 15 | | Act concerning a person who is seeking employment with that | 16 | | park district and who has been adjudicated a juvenile | 17 | | delinquent for any of the offenses listed in subsection (c) | 18 | | of Section 8-23 of the Park District Code or subsection (c) | 19 | | of Section 16a-5 of the Chicago Park District Act.
| 20 | | (B)(1) Except as provided in paragraph (2), no law | 21 | | enforcement
officer or other person or agency may knowingly | 22 | | transmit to the Department of
Corrections or the Department | 23 | | of State Police or to the Federal
Bureau of Investigation | 24 | | any fingerprint or photograph relating to a minor who
has | 25 | | been arrested or taken into custody before his or her 18th | 26 | | birthday,
unless the court in proceedings under this Act |
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| 1 | | authorizes the transmission or
enters an order under | 2 | | Section 5-805 permitting or requiring the
institution of
| 3 | | criminal proceedings.
| 4 | | (2) Law enforcement officers or other persons or | 5 | | agencies shall transmit
to the Department of State Police | 6 | | copies of fingerprints and descriptions
of all minors who | 7 | | have been arrested or taken into custody before their
18th | 8 | | birthday for the offense of unlawful use of weapons under | 9 | | Article 24 of
the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012, a Class X or Class 1 felony, a forcible | 11 | | felony as
defined in Section 2-8 of the Criminal Code of | 12 | | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| 13 | | felony under the Cannabis Control Act, the Illinois | 14 | | Controlled Substances Act, the Methamphetamine Control and | 15 | | Community Protection Act,
or Chapter 4 of the Illinois | 16 | | Vehicle Code, pursuant to Section 5 of the
Criminal | 17 | | Identification Act. Information reported to the Department | 18 | | pursuant
to this Section may be maintained with records | 19 | | that the Department files
pursuant to Section 2.1 of the | 20 | | Criminal Identification Act. Nothing in this
Act prohibits | 21 | | a law enforcement agency from fingerprinting a minor taken | 22 | | into
custody or arrested before his or her 18th birthday | 23 | | for an offense other than
those listed in this paragraph | 24 | | (2).
| 25 | | (C) The records of law enforcement officers, or of an | 26 | | independent agency created by ordinance and charged by a unit |
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| 1 | | of local government with the duty of investigating the conduct | 2 | | of law enforcement officers, concerning all minors under
18 | 3 | | years of age must be maintained separate from the records of | 4 | | arrests and
may not be open to public inspection or their | 5 | | contents disclosed to the
public except by order of the court | 6 | | presiding over matters pursuant to this Act or when the | 7 | | institution of criminal
proceedings has been permitted or | 8 | | required under Section
5-805 or such a person has been | 9 | | convicted of a crime and is the
subject of
pre-sentence | 10 | | investigation or proceedings on an application for probation
or | 11 | | when provided by law. For purposes of obtaining documents | 12 | | pursuant to this Section, a civil subpoena is not an order of | 13 | | the court. | 14 | | (1) In cases where the law enforcement, or independent | 15 | | agency, records concern a pending juvenile court case, the | 16 | | party seeking to inspect the records shall provide actual | 17 | | notice to the attorney or guardian ad litem of the minor | 18 | | whose records are sought. | 19 | | (2) In cases where the records concern a juvenile court | 20 | | case that is no longer pending, the party seeking to | 21 | | inspect the records shall provide actual notice to the | 22 | | minor or the minor's parent or legal guardian, and the | 23 | | matter shall be referred to the chief judge presiding over | 24 | | matters pursuant to this Act. | 25 | | (3) In determining whether the records should be | 26 | | available for inspection, the court shall consider the |
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| 1 | | minor's interest in confidentiality and rehabilitation | 2 | | over the moving party's interest in obtaining the | 3 | | information. Any records obtained in violation of this | 4 | | subsection (C) shall not be admissible in any criminal or | 5 | | civil proceeding, or operate to disqualify a minor from | 6 | | subsequently holding public office or securing employment, | 7 | | or operate as a forfeiture of any public benefit, right, | 8 | | privilege, or right to receive any license granted by | 9 | | public authority.
| 10 | | (D) Nothing contained in subsection (C) of this Section | 11 | | shall prohibit
the inspection or disclosure to victims and | 12 | | witnesses of photographs
contained in the records of law | 13 | | enforcement agencies when the
inspection and disclosure is | 14 | | conducted in the presence of a law enforcement
officer for the | 15 | | purpose of the identification or apprehension of any person
| 16 | | subject to the provisions of this Act or for the investigation | 17 | | or
prosecution of any crime.
| 18 | | (E) Law enforcement officers, and personnel of an | 19 | | independent agency created by ordinance and charged by a unit | 20 | | of local government with the duty of investigating the conduct | 21 | | of law enforcement officers, may not disclose the identity of | 22 | | any minor
in releasing information to the general public as to | 23 | | the arrest, investigation
or disposition of any case involving | 24 | | a minor.
| 25 | | (F) Nothing contained in this Section shall prohibit law | 26 | | enforcement
agencies from communicating with each other by |
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| 1 | | letter, memorandum, teletype or
intelligence alert bulletin or | 2 | | other means the identity or other relevant
information | 3 | | pertaining to a person under 18 years of age if there are
| 4 | | reasonable grounds to believe that the person poses a real and | 5 | | present danger
to the safety of the public or law enforcement | 6 | | officers. The information
provided under this subsection (F) | 7 | | shall remain confidential and shall not
be publicly disclosed, | 8 | | except as otherwise allowed by law.
| 9 | | (G) Nothing in this Section shall prohibit the right of a | 10 | | Civil Service
Commission or appointing authority of any state, | 11 | | county or municipality
examining the character and fitness of | 12 | | an applicant for employment with a law
enforcement agency, | 13 | | correctional institution, or fire department
from obtaining | 14 | | and examining the
records of any law enforcement agency | 15 | | relating to any record of the applicant
having been arrested or | 16 | | taken into custody before the applicant's 18th
birthday.
| 17 | | (H) The changes made to this Section by Public Act 98-61 | 18 | | apply to law enforcement records of a minor who has been | 19 | | arrested or taken into custody on or after January 1, 2014 (the | 20 | | effective date of Public Act 98-61). | 21 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | 22 | | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. | 23 | | 1-1-14; 98-756, eff. 7-16-14.)
| 24 | | (705 ILCS 405/5-905)
| 25 | | Sec. 5-905. Law enforcement records.
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| 1 | | (1) Law Enforcement Records.
Inspection and copying of law | 2 | | enforcement records maintained by law enforcement
agencies | 3 | | that relate to a minor who has been investigated, arrested , or | 4 | | taken into custody
before his or her 18th birthday shall be | 5 | | restricted to the following and when
necessary for the | 6 | | discharge of their official duties:
| 7 | | (a) A judge of the circuit court and members of the | 8 | | staff of the court
designated by the judge;
| 9 | | (b) Law enforcement officers, probation officers or | 10 | | prosecutors or their
staff, or, when necessary for the | 11 | | discharge of its official duties in connection with a | 12 | | particular investigation of the conduct of a law | 13 | | enforcement officer, an independent agency or its staff | 14 | | created by ordinance and charged by a unit of local | 15 | | government with the duty of investigating the conduct of | 16 | | law enforcement officers;
| 17 | | (c) The minor, the minor's parents or legal guardian | 18 | | and their attorneys,
but only when the juvenile has been | 19 | | charged with an offense;
| 20 | | (d) Adult and Juvenile Prisoner Review Boards;
| 21 | | (e) Authorized military personnel;
| 22 | | (f) Persons engaged in bona fide research, with the | 23 | | permission of the
judge of juvenile court and the chief | 24 | | executive of the agency that prepared the
particular | 25 | | recording: provided that publication of such research | 26 | | results in no
disclosure of a minor's identity and protects |
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| 1 | | the confidentiality of the
record;
| 2 | | (g) Individuals responsible for supervising or | 3 | | providing temporary or
permanent care and custody of minors | 4 | | pursuant to orders of the juvenile court
or directives from | 5 | | officials of the Department of Children and Family
Services | 6 | | or the Department of Human Services who certify in writing | 7 | | that the
information will not be disclosed to any other | 8 | | party except as provided under
law or order of court;
| 9 | | (h) The appropriate school official only if the agency | 10 | | or officer believes that there is an imminent threat of | 11 | | physical harm to students, school personnel, or others who | 12 | | are present in the school or on school grounds. | 13 | | (A) Inspection and copying
shall be limited to law | 14 | | enforcement records transmitted to the appropriate
| 15 | | school official or officials whom the school has | 16 | | determined to have a legitimate educational or safety | 17 | | interest by a local law enforcement agency under a | 18 | | reciprocal reporting
system established and maintained | 19 | | between the school district and the local law
| 20 | | enforcement agency under Section 10-20.14 of the | 21 | | School Code concerning a minor
enrolled in a school | 22 | | within the school district who has been arrested
or | 23 | | taken into custody for any of the following offenses: | 24 | | (i) any violation of Article 24 of the Criminal | 25 | | Code of
1961 or the Criminal Code of 2012; | 26 | | (ii) a violation of the Illinois Controlled |
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| 1 | | Substances Act; | 2 | | (iii) a violation of the Cannabis Control Act; | 3 | | (iv) a forcible felony as defined in Section | 4 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 5 | | Code of 2012; | 6 | | (v) a violation of the Methamphetamine Control | 7 | | and Community Protection Act; | 8 | | (vi) a violation of Section 1-2 of the | 9 | | Harassing and Obscene Communications Act; | 10 | | (vii) a violation of the Hazing Act; or | 11 | | (viii) a violation of Section 12-1, 12-2, | 12 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 13 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012. | 15 | | The information derived from the law enforcement | 16 | | records shall be kept separate from and shall not | 17 | | become a part of the official school record of that | 18 | | child and shall not be a public record. The information | 19 | | shall be used solely by the appropriate school official | 20 | | or officials whom the school has determined to have a | 21 | | legitimate educational or safety interest to aid in the | 22 | | proper rehabilitation of the child and to protect the | 23 | | safety of students and employees in the school. If the | 24 | | designated law enforcement and school officials deem | 25 | | it to be in the best interest of the minor, the student | 26 | | may be referred to in-school or community based social |
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| 1 | | services if those services are available. | 2 | | "Rehabilitation services" may include interventions by | 3 | | school support personnel, evaluation for eligibility | 4 | | for special education, referrals to community-based | 5 | | agencies such as youth services, behavioral healthcare | 6 | | service providers, drug and alcohol prevention or | 7 | | treatment programs, and other interventions as deemed | 8 | | appropriate for the student. | 9 | | (B) Any information provided to appropriate school | 10 | | officials whom the school has determined to have a | 11 | | legitimate educational or safety interest by local law | 12 | | enforcement officials about a minor who is the subject | 13 | | of a current police investigation that is directly | 14 | | related to school safety shall consist of oral | 15 | | information only, and not written law enforcement | 16 | | records, and shall be used solely by the appropriate | 17 | | school official or officials to protect the safety of | 18 | | students and employees in the school and aid in the | 19 | | proper rehabilitation of the child. The information | 20 | | derived orally from the local law enforcement | 21 | | officials shall be kept separate from and shall not | 22 | | become a part of the official school record of the | 23 | | child and shall not be a public record. This limitation | 24 | | on the use of information about a minor who is the | 25 | | subject of a current police investigation shall in no | 26 | | way limit the use of this information by prosecutors in |
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| 1 | | pursuing criminal charges arising out of the | 2 | | information disclosed during a police investigation of | 3 | | the minor. For purposes of this paragraph, | 4 | | "investigation" means an official systematic inquiry | 5 | | by a law enforcement agency into actual or suspected | 6 | | criminal activity;
| 7 | | (i) The president of a park district. Inspection and | 8 | | copying shall be limited to law enforcement records | 9 | | transmitted to the president of the park district by the | 10 | | Illinois State Police under Section 8-23 of the Park | 11 | | District Code or Section 16a-5 of the Chicago Park District | 12 | | Act concerning a person who is seeking employment with that | 13 | | park district and who has been adjudicated a juvenile | 14 | | delinquent for any of the offenses listed in subsection (c) | 15 | | of Section 8-23 of the Park District Code or subsection (c) | 16 | | of Section 16a-5 of the Chicago Park District Act. | 17 | | (2) Information identifying victims and alleged victims of | 18 | | sex offenses,
shall not be disclosed or open to public | 19 | | inspection under any circumstances.
Nothing in this Section | 20 | | shall prohibit the victim or alleged victim of any sex
offense | 21 | | from voluntarily disclosing his or her identity.
| 22 | | (2.5) If the minor is a victim of aggravated battery, | 23 | | battery, attempted first degree murder, or other non-sexual | 24 | | violent offense, the identity of the victim may be disclosed to | 25 | | appropriate school officials, for the purpose of preventing | 26 | | foreseeable future violence involving minors, by a local law |
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| 1 | | enforcement agency pursuant to an agreement established | 2 | | between the school district and a local law enforcement agency | 3 | | subject to the approval by the presiding judge of the juvenile | 4 | | court. | 5 | | (3) Relevant information, reports and records shall be made | 6 | | available to the
Department of Juvenile Justice when a juvenile | 7 | | offender has been placed in the
custody of the Department of | 8 | | Juvenile Justice.
| 9 | | (4) Nothing in this Section shall prohibit the inspection | 10 | | or disclosure to
victims and witnesses of photographs contained | 11 | | in the records of law
enforcement agencies when the inspection | 12 | | or disclosure is conducted in the
presence of a law enforcement | 13 | | officer for purposes of identification or
apprehension of any | 14 | | person in the course of any criminal investigation or
| 15 | | prosecution.
| 16 | | (5) The records of law enforcement officers, or of an | 17 | | independent agency created by ordinance and charged by a unit | 18 | | of local government with the duty of investigating the conduct | 19 | | of law enforcement officers, concerning all minors under
18 | 20 | | years of age must be maintained separate from the records of | 21 | | adults and
may not be open to public inspection or their | 22 | | contents disclosed to the
public except by order of the court | 23 | | or when the institution of criminal
proceedings has been | 24 | | permitted under Section 5-130 or 5-805 or required
under | 25 | | Section
5-130 or 5-805 or such a person has been convicted of a | 26 | | crime and is the
subject of
pre-sentence investigation or when |
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| 1 | | provided by law.
| 2 | | (6) Except as otherwise provided in this subsection (6), | 3 | | law enforcement
officers, and personnel of an independent | 4 | | agency created by ordinance and charged by a unit of local | 5 | | government with the duty of investigating the conduct of law | 6 | | enforcement officers, may not disclose the identity of any | 7 | | minor
in releasing information to the general public as to the | 8 | | arrest, investigation
or disposition of any case involving a | 9 | | minor.
Any victim or parent or legal guardian of a victim may | 10 | | petition the court to
disclose the name and address of the | 11 | | minor and the minor's parents or legal
guardian, or both. Upon | 12 | | a finding by clear and convincing evidence that the
disclosure | 13 | | is either necessary for the victim to pursue a civil remedy | 14 | | against
the minor or the minor's parents or legal guardian, or | 15 | | both, or to protect the
victim's person or property from the | 16 | | minor, then the court may order the
disclosure of the | 17 | | information to the victim or to the parent or legal guardian
of | 18 | | the victim only for the purpose of the victim pursuing a civil | 19 | | remedy
against the minor or the minor's parents or legal | 20 | | guardian, or both, or to
protect the victim's person or | 21 | | property from the minor.
| 22 | | (7) Nothing contained in this Section shall prohibit law | 23 | | enforcement
agencies when acting in their official capacity | 24 | | from communicating with each
other by letter, memorandum, | 25 | | teletype or
intelligence alert bulletin or other means the | 26 | | identity or other relevant
information pertaining to a person |
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| 1 | | under 18 years of age. The information
provided under this | 2 | | subsection (7) shall remain confidential and shall not
be | 3 | | publicly disclosed, except as otherwise allowed by law.
| 4 | | (8) No person shall disclose information under this Section | 5 | | except when
acting in his or her official capacity and as | 6 | | provided by law or order of
court.
| 7 | | (9) The changes made to this Section by Public Act 98-61 | 8 | | apply to law enforcement records of a minor who has been | 9 | | arrested or taken into custody on or after January 1, 2014 (the | 10 | | effective date of Public Act 98-61). | 11 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | 12 | | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff. | 13 | | 7-16-14.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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