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91_SB1287
LRB9107685RCsb
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 1-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 1-7 as follows:
7 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8 Sec. 1-7. Confidentiality of law enforcement records.
9 (A) Inspection and copying of law enforcement records
10 maintained by law enforcement agencies that relate to a minor
11 who has been arrested or taken into custody before his or her
12 17th birthday shall be restricted to the following:
13 (1) Any local, State or federal law enforcement
14 officers of any jurisdiction or agency when necessary for
15 the discharge of their official duties during the
16 investigation or prosecution of a crime or relating to a
17 minor who has been adjudicated delinquent and there has
18 been a previous finding that the act which constitutes
19 the previous offense was committed in furtherance of
20 criminal activities by a criminal street gang. For
21 purposes of this Section, "criminal street gang" has the
22 meaning ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (2) Prosecutors, probation officers, social
25 workers, or other individuals assigned by the court to
26 conduct a pre-adjudication or pre-disposition
27 investigation, and individuals responsible for
28 supervising or providing temporary or permanent care and
29 custody for minors pursuant to the order of the juvenile
30 court, when essential to performing their
31 responsibilities.
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1 (3) Prosecutors and probation officers:
2 (a) in the course of a trial when institution
3 of criminal proceedings has been permitted or
4 required under Section 5-805; or
5 (b) when institution of criminal proceedings
6 has been permitted or required under Section 5-805
7 and such minor is the subject of a proceeding to
8 determine the amount of bail; or
9 (c) when criminal proceedings have been
10 permitted or required under Section 5-805 and such
11 minor is the subject of a pre-trial investigation,
12 pre-sentence investigation, fitness hearing, or
13 proceedings on an 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
18 and the chief executive of the respective law enforcement
19 agency; provided that publication of such research
20 results in no disclosure of a minor's identity and
21 protects the confidentiality of the minor's record.
22 (7) Department of Children and Family Services
23 child protection investigators acting in their official
24 capacity.
25 (8) The appropriate school official. Inspection
26 and copying shall be limited to law enforcement records
27 transmitted to the appropriate school official by a local
28 law enforcement agency under a reciprocal reporting
29 system established and maintained between the school
30 district and the local law enforcement agency under
31 Section 10-20.14 of the School Code concerning a minor
32 enrolled in a school within the school district who has
33 been arrested or taken into custody for any of the
34 following offenses:
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1 (i) unlawful use of weapons under Section 24-1
2 of the Criminal Code of 1961;
3 (ii) a violation of the Illinois Controlled
4 Substances Act;
5 (iii) a violation of the Cannabis Control Act;
6 or
7 (iv) a forcible felony as defined in Section
8 2-8 of the Criminal Code of 1961;.
9 (v) a violation of Section 6-16 or 6-20 of the
10 Liquor Control Act of 1934;
11 (vi) a violation of Section 11-501 or 11-502
12 of the Illinois Vehicle Code;
13 (vii) a violation of Section 5-16 of the Boat
14 Registration and Safety Act; or
15 (viii) a violation of Section 5-7 of the
16 Snowmobile Registration and Safety Act.
17 (B) (1) Except as provided in paragraph (2), no law
18 enforcement officer or other person or agency may
19 knowingly transmit to the Department of Corrections,
20 Adult Division or the Department of State Police or to
21 the Federal Bureau of Investigation any fingerprint or
22 photograph relating to a minor who has been arrested or
23 taken into custody before his or her 17th birthday,
24 unless the court in proceedings under this Act authorizes
25 the transmission or enters an order under Section 5-805
26 permitting or requiring the institution of criminal
27 proceedings.
28 (2) Law enforcement officers or other persons or
29 agencies shall transmit to the Department of State
30 Police copies of fingerprints and descriptions of all
31 minors who have been arrested or taken into custody
32 before their 17th birthday for the offense of unlawful
33 use of weapons under Article 24 of the Criminal Code of
34 1961, a Class X or Class 1 felony, a forcible felony as
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1 defined in Section 2-8 of the Criminal Code of 1961, or a
2 Class 2 or greater felony under the Cannabis Control Act,
3 the Illinois Controlled Substances Act, or Chapter 4 of
4 the Illinois Vehicle Code, pursuant to Section 5 of the
5 Criminal Identification Act. Information reported to the
6 Department pursuant to this Section may be maintained
7 with records that the Department files pursuant to
8 Section 2.1 of the Criminal Identification Act. Nothing
9 in this Act prohibits a law enforcement agency from
10 fingerprinting a minor taken into custody or arrested
11 before his or her 17th birthday for an offense other than
12 those listed in this paragraph (2).
13 (C) The records of law enforcement officers concerning
14 all minors under 17 years of age must be maintained separate
15 from the records of arrests and may not be open to public
16 inspection or their contents disclosed to the public except
17 by order of the court or when the institution of criminal
18 proceedings has been permitted or required under Section
19 5-805 or such a person has been convicted of a crime and is
20 the subject of pre-sentence investigation or proceedings on
21 an application for probation or when provided by law.
22 (D) Nothing contained in subsection (C) of this Section
23 shall prohibit the inspection or disclosure to victims and
24 witnesses of photographs contained in the records of law
25 enforcement agencies when the inspection and disclosure is
26 conducted in the presence of a law enforcement officer for
27 the purpose of the identification or apprehension of any
28 person subject to the provisions of this Act or for the
29 investigation or prosecution of any crime.
30 (E) Law enforcement officers may not disclose the
31 identity of any minor in releasing information to the general
32 public as to the arrest, investigation or disposition of any
33 case involving a minor.
34 (F) Nothing contained in this Section shall prohibit law
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1 enforcement agencies from communicating with each other by
2 letter, memorandum, teletype or intelligence alert bulletin
3 or other means the identity or other relevant information
4 pertaining to a person under 17 years of age if there are
5 reasonable grounds to believe that the person poses a real
6 and present danger to the safety of the public or law
7 enforcement officers. The information provided under this
8 subsection (F) shall remain confidential and shall not be
9 publicly disclosed, except as otherwise allowed by law.
10 (G) Nothing in this Section shall prohibit the right of
11 a Civil Service Commission or appointing authority of any
12 state, county or municipality examining the character and
13 fitness of an applicant for employment with a law enforcement
14 agency, correctional institution, or fire department from
15 obtaining and examining the records of any law enforcement
16 agency relating to any record of the applicant having been
17 arrested or taken into custody before the applicant's 17th
18 birthday.
19 (Source: P.A. 90-127, eff. 1-1-98; 91-357, eff. 7-29-99;
20 91-368, eff. 1-1-00.)