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Public Act 102-0752 | ||||
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AN ACT concerning schools.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Student Confidential Reporting Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Safe2Help Illinois" means a school helpline involving a | ||||
statewide toll-free telephone number, social media, a website, | ||||
or other means of communication, or a combination of a | ||||
toll-free telephone number and another means of communication, | ||||
that transmits voice, text, photographic, or other messages | ||||
and information to the Safe2Help Illinois operators. | ||||
"Safe2Help Illinois Manager" means the designated program | ||||
manager that works in collaboration with all agencies involved | ||||
in Safe2Help Illinois, providing marketing, and logistical | ||||
support to the implementation of the Safe2Help Illinois | ||||
Program. | ||||
"School" means a public or nonpublic school offering any | ||||
grade from kindergarten through 12, regardless of whether | ||||
school is in session. "School" includes all school property. | ||||
"School employee" means a full-time or part-time employee | ||||
of a school or school district, including a school | ||||
administrator, a volunteer with a school or school district, |
or any other person who provides services to a school or school | ||
district, while he or she is on school property. A person | ||
described in this definition is considered a school employee | ||
regardless of whether school is in session. | ||
"School site" means a building, a playing field, or | ||
property used for school purposes to impart instruction to | ||
school students or used for school purposes, functions, or | ||
events, regardless of whether school is in session. "School | ||
property" includes a school bus. | ||
"School student" means a person who is enrolled as a | ||
student in a school regardless of whether school is in | ||
session. | ||
Section 10. Safe2Help Illinois program management and | ||
administration. | ||
(a) The Illinois State Police, in consultation with the | ||
Illinois Emergency Management Agency, State Board of | ||
Education, Department of Human Services, and Department of | ||
Children and Family Services shall, to the extent that funds | ||
are appropriated for that purpose, establish a program for | ||
receiving reports and other information from the public | ||
regarding potential self-harm or potential harm or criminal | ||
acts directed at school students, school employees, or schools | ||
in this State. The Illinois State Police shall establish the | ||
program in accordance with this Act. The Illinois State Police | ||
shall have access to the information needed to meet the |
reporting requirements of Section 35. | ||
(b) The program shall include a Safe2Help Illinois | ||
helpline for operators to receive reports and information from | ||
the general public as described in subsection (a). The | ||
helpline shall be available for use 24 hours a day, 365 days a | ||
year. | ||
(c) The Department of Innovation and Technology shall | ||
operate a dedicated website to provide mental health | ||
information for students, promotional information to local law | ||
enforcement officials, school officials, and the general | ||
public regarding the program. | ||
(d) Beginning on the date that Safe2Help Illinois is
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operational, any State or locally operated school violence | ||
help line currently in operation shall work in conjunction | ||
with Safe2Help Illinois
as needed.
The CPS Violence Prevention | ||
Hotline established under Section 34-21.8 of the School Code | ||
and the Safe2Help Illinois shall cooperate with each other. If | ||
the Safe2Help Illinois helpline receives information about | ||
incidents occurring in the Chicago public schools, it shall | ||
transmit that information to the CPS Violence Prevention | ||
Hotline. For the purposes of this subsection (d), a | ||
State-operated school violence help line does not include the | ||
CPS Violence Prevention Hotline established under Section | ||
34-21.8 of the School Code. Instead, the Illinois State Police | ||
shall work in conjunction with the Chicago Board of Education | ||
and the Chicago Police Department to direct all applicable |
calls received by Safe2Help to the CPS Violence Prevention | ||
Hotline. | ||
(e) The Illinois State Police shall be responsible for the | ||
continued operational oversight of the program. The program | ||
shall provide for a means to review all reports and | ||
information submitted through Safe2Help Illinois and to direct | ||
those reports and that information, including any analysis of | ||
the potential threat as determined appropriate by the Illinois | ||
State Police, to local law enforcement officials and school | ||
officials. | ||
(f) The Illinois State Police shall ensure that
program | ||
personnel or call center staff, or both, are appropriately | ||
trained in
the following areas: | ||
(1) crisis management, including recognizing mental
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illness and emotional disturbance; | ||
(2) the resources that are available
for providing | ||
mental health and other human
services; | ||
(3) matters determined by the Illinois State
Police to | ||
be relevant to the operation of the program; and | ||
(4) handling of criminal intelligence information
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regarding primary and data collection, storage, and
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dissemination. | ||
(g) A report or other information submitted to the program | ||
is considered to be a report to a law enforcement agency and | ||
shall be maintained as a record by the Illinois State Police | ||
for at least 5 years, subject to the confidentiality |
requirements of this Act. | ||
(h) The Illinois State Police shall ensure that any | ||
information submitted to the program where mental health | ||
services are needed will be referred to the appropriate | ||
centralized reporting system as provided in Section 76 of the | ||
Mental Health and Developmental
Disabilities Administrative | ||
Act. | ||
Section 15. Management of confidential information. | ||
(a) Any report or information submitted to the program | ||
under Section 10 is confidential, may not be released except | ||
as otherwise provided in this Act or in the Juvenile Court Act | ||
of 1987, and is not subject to disclosure under the Freedom of | ||
Information Act. | ||
(b) Any report or information submitted to the program and | ||
forwarded by the vendor described in subsection (d) of Section | ||
10 to a law enforcement official or to a school official is | ||
confidential, may not be released except as otherwise provided | ||
in this Act, and is not subject to disclosure under the Freedom | ||
of Information Act. | ||
(c) A person who intentionally discloses information to | ||
another person in violation of subsection (a) or (b) commits a | ||
Class C misdemeanor. | ||
Section 20. Exemptions to confidentiality of reported | ||
information. Information regarding a report or information |
submitted to the program under Section 10, including any | ||
identifying information, may be disclosed as follows: | ||
(1) By the Illinois State Police, a law enforcement | ||
agency, a school, or a community mental health service | ||
program or an employee of one of those entities acting in | ||
the course of his or her duties. However, this paragraph | ||
(1) does not allow the disclosure of information that | ||
would identify the person who submitted the report or | ||
information to the program under Section 10, except for an | ||
imminent threat that poses a clear and present danger to | ||
the person. | ||
(2) With the permission of the person or, if the | ||
person is a minor, with the permission of the minor and his | ||
or her parents or guardian. | ||
(3) Pursuant to a court order issued under Section 25. | ||
Section 25. Release of confidential information. | ||
(a) A person who is charged with a criminal offense as a | ||
result of a report or information submitted under Section 10 | ||
may petition the court for disclosure of the report or | ||
information, including any identifying information, as | ||
provided in this subsection (a). The State's Attorney having | ||
jurisdiction shall be notified of the petition not less than 7 | ||
days before the hearing on the petition, or as otherwise | ||
provided by the court, and have the right to appear in the | ||
proceedings to oppose the petition. |
If a petition is filed under this subsection (a), the | ||
court may conduct a hearing on the petition. If a hearing is | ||
conducted, it shall be conducted in chambers outside of the | ||
presence of the petitioner. | ||
If the court determines that the report or information, | ||
including any identifying information, is relevant to the | ||
criminal proceedings and is essential to the fair trial of the | ||
person, the court may order the disclosure of that report or | ||
information, including any identifying information, as | ||
determined appropriate by the court. | ||
The court may place restrictions on the release and use of | ||
the report or information, including any identifying | ||
information, obtained under this subsection (a) or may redact | ||
material as it considers appropriate. Material reviewed by the | ||
court that is not ordered released or that is redacted shall be | ||
maintained by the court under seal for purposes of appeal | ||
only. | ||
(b) If the State's Attorney has reason to believe that a | ||
report or other information provided under Section 10 was | ||
falsely provided to the Illinois State Police, the State's | ||
Attorney may petition the court to disclose the report or | ||
information, including any identifying information. | ||
The Attorney General shall be notified of the petition not | ||
less than 7 days before the hearing on the petition, or as | ||
otherwise provided by the court, and has the right to appear in | ||
the proceedings to oppose the petition. |
If the court determines that there is reason to believe | ||
that the report or information may have been falsely provided, | ||
the court may order the disclosure of the report or | ||
information, including any identifying information, as | ||
determined appropriate by the court. | ||
The court may place restrictions on the release and use of | ||
the report or information, including any identifying | ||
information, obtained under this subsection (b) or may redact | ||
material as it considers appropriate.
Material reviewed by the | ||
court that is not ordered released or that is redacted shall be | ||
maintained by the court under seal for purposes of appeal | ||
only. | ||
(c) The Attorney General may also appear in any other | ||
action to oppose the release of any report or information | ||
obtained under Section 10, including any identifying | ||
information. | ||
Section 30. Funding. | ||
(a) The Illinois State Police may receive money or other | ||
assets from any source for deposit into the State Police | ||
Operations Assistance Fund. All moneys deposited under this | ||
Act into the State Police Operations Assistance Fund shall be | ||
used, subject to appropriation, by the Illinois State Police | ||
only for one or more of the following purposes: | ||
(1) To pay the costs of the Illinois State Police for | ||
administering this Act. |
(2) To pay the costs of personnel to staff the program | ||
under Section 10. | ||
(3) To pay for equipment and software for operating | ||
the program. | ||
(4) To promote public awareness of the program, | ||
including the availability of Safe2Help Illinois and the | ||
dedicated website under subsection (c) of Section 10. | ||
(5) To support the delivery of training and education | ||
on topics that address prevention of potential harm or | ||
criminal activities directed at school students, school | ||
employees, and schools. | ||
(b) The Illinois State Police may also accept | ||
contributions, grants, gifts, assets, donations, services, or | ||
other financial assistance from any individual, association, | ||
corporation, or other organization having a legitimate | ||
interest in the Safe2Help Illinois helpline and the health and | ||
well-being of students which shall be deposited in the State | ||
Police Operations Assistance Fund. | ||
Section 35. Procurement; rulemaking.
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The Illinois State Police, in consultation with
and | ||
subject to the approval of the Chief Procurement Officer,
may | ||
procure a single contract or multiple contracts to
implement | ||
the provisions of this Act. A contract or contracts
under this | ||
subsection are not subject to the provisions of the
Illinois | ||
Procurement Code, except for Sections 20-60, 20-65,
20-70, and |
20-160 and Article 50 of that Code, provided that
the Chief | ||
Procurement Officer may, in writing with
justification, waive | ||
any certification required under Article
50. | ||
Section 40. Annual reporting. The Safe2Help Illinois | ||
program manager,
in consultation with the Illinois State | ||
Police and the State Board of Education, shall prepare an | ||
annual report under this Act. The report shall be filed no | ||
later than 90 days after the conclusion of the calendar year. | ||
Copies of the report shall be filed with the Governor and the | ||
General Assembly as provided in Section 3.1 of the General | ||
Assembly Organization Act. The report shall also be maintained | ||
on the dedicated Safe2Help Illinois website under subsection | ||
(c) of Section 10. The report shall contain, but is not limited | ||
to, all of the following information: | ||
(1) The number of reports submitted to the program | ||
under Section 10. | ||
(2) The number of reports submitted to the program | ||
that are forwarded to local law enforcement officials and | ||
school officials. | ||
(3) The number of reports submitted to the program | ||
resulting in referrals for human services. | ||
(4) The nature of the reports and information | ||
submitted to the program in categories established by the | ||
Illinois State Police. | ||
(5) An analysis of the overall effectiveness of the |
program in addressing potential self-harm or potential | ||
harm or criminal acts directed at schools, school | ||
employees, and school students. | ||
Section 45. Immunity. A Safe2Help Illinois helpline | ||
employee, law enforcement agency, or law enforcement official | ||
acting in good faith in compliance with this Act shall have | ||
immunity from any civil or criminal liability that might | ||
otherwise occur as a result of handling tips described in this | ||
Act, with the exception of willful or wanton misconduct. | ||
Section 905. The Freedom of Information Act is amended by | ||
changing Section 7 as follows: | ||
(5 ILCS 140/7) (from Ch. 116, par. 207) | ||
Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public | ||
record that contains information that is exempt from | ||
disclosure under this Section, but also contains information | ||
that is not exempt from disclosure, the public body may elect | ||
to redact the information that is exempt. The public body | ||
shall make the remaining information available for inspection | ||
and copying. Subject to this requirement, the following shall | ||
be exempt from inspection and copying:
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(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and |
regulations implementing federal or State law.
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(b) Private information, unless disclosure is required | ||
by another provision of this Act, a State or federal law or | ||
a court order. | ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or | ||
more law enforcement agencies regarding the physical or | ||
mental status of one or more individual subjects. | ||
(c) Personal information contained within public | ||
records, the disclosure of which would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the | ||
individual subjects of the information. "Unwarranted | ||
invasion of personal privacy" means the disclosure of | ||
information that is highly personal or objectionable to a | ||
reasonable person and in which the subject's right to | ||
privacy outweighs any legitimate public interest in | ||
obtaining the information. The
disclosure of information | ||
that bears on the public duties of public
employees and | ||
officials shall not be considered an invasion of personal
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privacy.
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(d) Records in the possession of any public body | ||
created in the course of administrative enforcement
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proceedings, and any law enforcement or correctional | ||
agency for
law enforcement purposes,
but only to the |
extent that disclosure would:
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(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
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agency that is the recipient of the request;
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(ii) interfere with active administrative | ||
enforcement proceedings
conducted by the public body | ||
that is the recipient of the request;
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(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing;
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(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to | ||
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic accidents, traffic accident | ||
reports, and rescue reports shall be provided by | ||
agencies of local government, except when disclosure | ||
would interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request;
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(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known | ||
or disclose internal documents of
correctional |
agencies related to detection, observation or | ||
investigation of
incidents of crime or misconduct, and | ||
disclosure would result in demonstrable harm to the | ||
agency or public body that is the recipient of the | ||
request;
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(vi) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation | ||
by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency | ||
that is the recipient of the request did not create the | ||
record, did not participate in or have a role in any of the | ||
events which are the subject of the record, and only has | ||
access to the record through the shared electronic record | ||
management system. | ||
(d-6) Records contained in the Officer Professional | ||
Conduct Database under Section 9.2 9.4 of the Illinois | ||
Police Training Act, except to the extent authorized under | ||
that Section. This includes the documents supplied to the | ||
Illinois Law Enforcement Training Standards Board from the | ||
Illinois State Police and Illinois State Police Merit | ||
Board. | ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
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(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is | ||
confined. | ||
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available | ||
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the | ||
disclosure of which would result in the risk of harm to any | ||
person or the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail | ||
or committed to the Department of Corrections or |
Department of Human Services Division of Mental Health, | ||
containing personal information pertaining to the person's | ||
victim or the victim's family, including, but not limited | ||
to, a victim's home address, home telephone number, work | ||
or school address, work telephone number, social security | ||
number, or any other identifying information, except as | ||
may be relevant to a requester's current or potential case | ||
or claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not | ||
limited to, arrest and booking records, mug shots, and | ||
crime scene photographs, except as these records may be | ||
relevant to the requester's current or potential case or | ||
claim. | ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those | ||
records of officers and agencies
of the General Assembly | ||
that pertain to the preparation of legislative
documents.
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(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the | ||
trade secrets or commercial or financial information are | ||
furnished under a claim that they are
proprietary, | ||
privileged, or confidential, and that disclosure of the | ||
trade
secrets or commercial or financial information would | ||
cause competitive harm to the person or business, and only | ||
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
all trade secrets and commercial or financial information | ||
obtained by a public body, including a public pension | ||
fund, from a private equity fund or a privately held | ||
company within the investment portfolio of a private | ||
equity fund as a result of either investing or evaluating | ||
a potential investment of public funds in a private equity | ||
fund. The exemption contained in this item does not apply | ||
to the aggregate financial performance information of a | ||
private equity fund, nor to the identity of the fund's | ||
managers or general partners. The exemption contained in | ||
this item does not apply to the identity of a privately | ||
held company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm. | ||
Nothing contained in this
paragraph (g) shall be | ||
construed to prevent a person or business from
consenting | ||
to disclosure.
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(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were | ||
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in | ||
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
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(i) Valuable formulae,
computer geographic systems,
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designs, drawings and research data obtained or
produced | ||
by any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by | ||
news media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
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(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys and other | ||
examination data used to
administer an academic | ||
examination;
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(ii) information received by a primary or | ||
secondary school, college, or university under its |
procedures for the evaluation of faculty members by | ||
their academic peers; | ||
(iii) information concerning a school or | ||
university's adjudication of student disciplinary | ||
cases, but only to the extent that disclosure would | ||
unavoidably reveal the identity of the student; and | ||
(iv) course materials or research materials used | ||
by faculty members. | ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, | ||
including, but not limited to, power generating and | ||
distribution stations and other transmission and | ||
distribution facilities, water treatment facilities, | ||
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but
only to the extent
that disclosure would compromise | ||
security.
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(l) Minutes of meetings of public bodies closed to the
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public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public | ||
under Section 2.06 of the Open
Meetings Act.
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(m) Communications between a public body and an | ||
attorney or auditor
representing the public body that |
would not be subject to discovery in
litigation, and | ||
materials prepared or compiled by or for a public body in
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anticipation of a criminal, civil, or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication | ||
of employee grievances or disciplinary cases; however, | ||
this exemption shall not extend to the final outcome of | ||
cases in which discipline is imposed.
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(o) Administrative or technical information associated | ||
with automated
data processing operations, including, but | ||
not limited to, software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
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pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or | ||
representatives, except that
any final contract or | ||
agreement shall be subject to inspection and copying.
| ||
(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of |
an applicant for a license or employment.
| ||
(r) The records, documents, and information relating | ||
to real estate
purchase negotiations until those | ||
negotiations have been completed or
otherwise terminated. | ||
With regard to a parcel involved in a pending or
actually | ||
and reasonably contemplated eminent domain proceeding | ||
under the Eminent Domain Act, records, documents, and
| ||
information relating to that parcel shall be exempt except | ||
as may be
allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The
records, documents, and | ||
information relating to a real estate sale shall be
exempt | ||
until a sale is consummated.
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(s) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly | ||
self-administered health and accident
cooperative or pool.
| ||
Insurance or self insurance (including any | ||
intergovernmental risk management association or self | ||
insurance pool) claims, loss or risk management | ||
information, records, data, advice or communications.
| ||
(t) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions, insurance companies, or pharmacy benefit | ||
managers, unless disclosure is otherwise
required by State |
law.
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(u) Information that would disclose
or might lead to | ||
the disclosure of
secret or confidential information, | ||
codes, algorithms, programs, or private
keys intended to | ||
be used to create electronic signatures under the Uniform | ||
Electronic Transactions Act.
| ||
(v) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a | ||
community's population or systems, facilities, or | ||
installations,
the destruction or contamination of which | ||
would constitute a clear and present
danger to the health | ||
or safety of the community, but only to the extent that
| ||
disclosure could reasonably be expected to jeopardize the | ||
effectiveness of the
measures or the safety of the | ||
personnel who implement them or the public.
Information | ||
exempt under this item may include such things as details
| ||
pertaining to the mobilization or deployment of personnel | ||
or equipment, to the
operation of communication systems or | ||
protocols, or to tactical operations.
| ||
(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency.
|
(y) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power | ||
Agency Act and Section 16-111.5 of the Public Utilities | ||
Act that is determined to be confidential and proprietary | ||
by the Illinois Power Agency or by the Illinois Commerce | ||
Commission.
| ||
(z) Information about students exempted from | ||
disclosure under Sections 10-20.38 or 34-18.29 of the | ||
School Code, and information about undergraduate students | ||
enrolled at an institution of higher education exempted | ||
from disclosure under Section 25 of the Illinois Credit | ||
Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is
exempted | ||
under the Viatical Settlements Act of 2009.
| ||
(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review | ||
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of |
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal | ||
information of persons who are minors and are also | ||
participants and registrants in programs of park | ||
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of | ||
2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force | ||
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to | ||
the Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; |
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; | ||
or (iii) are available through an administrative request | ||
to the Department of Human Services or the Department of | ||
Corrections. | ||
(jj) Confidential information described in Section | ||
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(ll) Records concerning the work of the threat | ||
assessment team of a school district. | ||
(mm) Information prohibited from being disclosed under | ||
subsections (a) and (b) of Section 15 of the Student | ||
Confidential Reporting Act. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the | ||
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the | ||
governmental function and is not otherwise exempt under this |
Act, shall be considered a public record of the public body, | ||
for purposes of this Act. | ||
(3) This Section does not authorize withholding of | ||
information or limit the
availability of records to the | ||
public, except as stated in this Section or
otherwise provided | ||
in this Act.
| ||
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||
6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.) | ||
Section 910. The Illinois State Police Law of the
Civil | ||
Administrative Code of Illinois is amended by adding Section | ||
2605-620 as follows: | ||
(20 ILCS 2605/2605-620 new) | ||
Sec. 2605-620. School helpline program. The Illinois State | ||
Police shall establish a school helpline program in accordance | ||
with the Student Confidential Reporting Act. | ||
Section 915. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-7 and 5-915 as follows:
| ||
(705 ILCS 405/1-7)
| ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 1-7. Confidentiality of juvenile law enforcement and | ||
municipal ordinance violation records.
|
(A) All juvenile law enforcement records which have not | ||
been expunged are confidential and may never be disclosed to | ||
the general public or otherwise made widely available. | ||
Juvenile law enforcement records may be obtained only under | ||
this Section and Section 1-8 and Part 9 of Article V of this | ||
Act, when their use is needed for good cause and with an order | ||
from the juvenile court, as required by those not authorized | ||
to retain them. Inspection, copying, and disclosure of | ||
juvenile law enforcement records maintained by law
enforcement | ||
agencies or records of municipal ordinance violations | ||
maintained by any State, local, or municipal agency that | ||
relate to a minor who has been investigated, arrested, or | ||
taken
into custody before his or her 18th birthday shall be | ||
restricted to the
following:
| ||
(0.05) The minor who is the subject of the juvenile | ||
law enforcement record, his or her parents, guardian, and | ||
counsel. | ||
(0.10) Judges of the circuit court and members of the | ||
staff of the court designated by the judge. | ||
(0.15) An administrative adjudication hearing officer | ||
or members of the staff designated to assist in the | ||
administrative adjudication process. | ||
(1) Any local, State, or federal law enforcement | ||
officers or designated law enforcement staff of any
| ||
jurisdiction or agency when necessary for the discharge of | ||
their official
duties during the investigation or |
prosecution of a crime or relating to a
minor who has been | ||
adjudicated delinquent and there has been a previous | ||
finding
that the act which constitutes the previous | ||
offense was committed in
furtherance of criminal | ||
activities by a criminal street gang, or, when necessary | ||
for the discharge of its official duties in connection | ||
with a particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of | ||
law enforcement officers. For purposes of
this Section, | ||
"criminal street gang" has the meaning ascribed to it in
| ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(2) Prosecutors, public defenders, probation officers, | ||
social workers, or other
individuals assigned by the court | ||
to conduct a pre-adjudication or
pre-disposition | ||
investigation, and individuals responsible for supervising
| ||
or providing temporary or permanent care and custody for | ||
minors under
the order of the juvenile court, when | ||
essential to performing their
responsibilities.
| ||
(3) Federal, State, or local prosecutors, public | ||
defenders, probation officers, and designated staff:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805;
|
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and the | ||
minor is the
subject
of a proceeding to determine the | ||
amount of bail;
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and the minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings
on an | ||
application for probation; or
| ||
(d) in the course of prosecution or administrative | ||
adjudication of a violation of a traffic, boating, or | ||
fish and game law, or a county or municipal ordinance. | ||
(4) Adult and Juvenile Prisoner Review Board.
| ||
(5) Authorized military personnel.
| ||
(5.5) Employees of the federal government authorized | ||
by law. | ||
(6) Persons engaged in bona fide research, with the | ||
permission of the
Presiding Judge and the chief executive | ||
of the respective
law enforcement agency; provided that | ||
publication of such research results
in no disclosure of a | ||
minor's identity and protects the confidentiality
of the | ||
minor's record.
| ||
(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
| ||
(8) The appropriate school official only if the agency |
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others who | ||
are present in the school or on school grounds. | ||
(A) Inspection and copying
shall be limited to | ||
juvenile law enforcement records transmitted to the | ||
appropriate
school official or officials whom the | ||
school has determined to have a legitimate educational | ||
or safety interest by a local law enforcement agency | ||
under a reciprocal reporting
system established and | ||
maintained between the school district and the local | ||
law
enforcement agency under Section 10-20.14 of the | ||
School Code concerning a minor
enrolled in a school | ||
within the school district who has been arrested or | ||
taken
into custody for any of the following offenses:
| ||
(i) any violation of Article 24 of the | ||
Criminal Code of
1961 or the Criminal Code of | ||
2012;
| ||
(ii) a violation of the Illinois Controlled | ||
Substances Act;
| ||
(iii) a violation of the Cannabis Control Act;
| ||
(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code
of 1961 or the Criminal | ||
Code of 2012; | ||
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act;
| ||
(vi) a violation of Section 1-2 of the |
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, | ||
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012. | ||
The information derived from the juvenile law | ||
enforcement records shall be kept separate from and | ||
shall not become a part of the official school record | ||
of that child and shall not be a public record. The | ||
information shall be used solely by the appropriate | ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest to aid in the proper rehabilitation of the | ||
child and to protect the safety of students and | ||
employees in the school. If the designated law | ||
enforcement and school officials deem it to be in the | ||
best interest of the minor, the student may be | ||
referred to in-school or community-based social | ||
services if those services are available. | ||
"Rehabilitation services" may include interventions by | ||
school support personnel, evaluation for eligibility | ||
for special education, referrals to community-based | ||
agencies such as youth services, behavioral healthcare | ||
service providers, drug and alcohol prevention or |
treatment programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school | ||
officials whom the school has determined to have a | ||
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written juvenile law | ||
enforcement records, and shall be used solely by the | ||
appropriate school official or officials to protect | ||
the safety of students and employees in the school and | ||
aid in the proper rehabilitation of the child. The | ||
information derived orally from the local law | ||
enforcement officials shall be kept separate from and | ||
shall not become a part of the official school record | ||
of the child and shall not be a public record. This | ||
limitation on the use of information about a minor who | ||
is the subject of a current police investigation shall | ||
in no way limit the use of this information by | ||
prosecutors in pursuing criminal charges arising out | ||
of the information disclosed during a police | ||
investigation of the minor. For purposes of this | ||
paragraph, "investigation" means an official | ||
systematic inquiry by a law enforcement agency into | ||
actual or suspected criminal activity. |
(9) Mental health professionals on behalf of the | ||
Department of
Corrections or the Department of Human | ||
Services or prosecutors who are
evaluating, prosecuting, | ||
or investigating a potential or actual petition
brought
| ||
under the Sexually Violent Persons Commitment Act relating | ||
to a person who is
the
subject of juvenile law enforcement | ||
records or the respondent to a petition
brought under the | ||
Sexually Violent Persons Commitment Act who is the subject | ||
of
the
juvenile law enforcement records sought.
Any | ||
juvenile law enforcement records and any information | ||
obtained from those juvenile law enforcement records under | ||
this
paragraph (9) may be used only in sexually violent | ||
persons commitment
proceedings.
| ||
(10) The president of a park district. Inspection and | ||
copying shall be limited to juvenile law enforcement | ||
records transmitted to the president of the park district | ||
by the Illinois State Police under Section 8-23 of the | ||
Park District Code or Section 16a-5 of the Chicago Park | ||
District Act concerning a person who is seeking employment | ||
with that park district and who has been adjudicated a | ||
juvenile delinquent for any of the offenses listed in | ||
subsection (c) of Section 8-23 of the Park District Code | ||
or subsection (c) of Section 16a-5 of the Chicago Park | ||
District Act. | ||
(11) Persons managing and designated to participate in | ||
a court diversion program as designated in subsection (6) |
of Section 5-105. | ||
(12) The Public Access Counselor of the Office of the | ||
Attorney General, when reviewing juvenile law enforcement | ||
records under its powers and duties under the Freedom of | ||
Information Act. | ||
(13) Collection agencies, contracted or otherwise | ||
engaged by a governmental entity, to collect any debts due | ||
and owing to the governmental entity. | ||
(B)(1) Except as provided in paragraph (2), no law | ||
enforcement
officer or other person or agency may knowingly | ||
transmit to the Department of
Corrections, the Illinois State | ||
Police, or the Federal
Bureau of Investigation any fingerprint | ||
or photograph relating to a minor who
has been arrested or | ||
taken into custody before his or her 18th birthday,
unless the | ||
court in proceedings under this Act authorizes the | ||
transmission or
enters an order under Section 5-805 permitting | ||
or requiring the
institution of
criminal proceedings.
| ||
(2) Law enforcement officers or other persons or agencies | ||
shall transmit
to the Illinois State Police copies of | ||
fingerprints and descriptions
of all minors who have been | ||
arrested or taken into custody before their
18th birthday for | ||
the offense of unlawful use of weapons under Article 24 of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||
or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||
Class 2 or greater
felony under the Cannabis Control Act, the |
Illinois Controlled Substances Act, the Methamphetamine | ||
Control and Community Protection Act,
or Chapter 4 of the | ||
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||
Identification Act. Information reported to the Department | ||
pursuant
to this Section may be maintained with records that | ||
the Department files
pursuant to Section 2.1 of the Criminal | ||
Identification Act. Nothing in this
Act prohibits a law | ||
enforcement agency from fingerprinting a minor taken into
| ||
custody or arrested before his or her 18th birthday for an | ||
offense other than
those listed in this paragraph (2).
| ||
(C) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under
18 | ||
years of age must be maintained separate from the records of | ||
arrests and
may not be open to public inspection or their | ||
contents disclosed to the
public. For purposes of obtaining | ||
documents under this Section, a civil subpoena is not an order | ||
of the court. | ||
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile | ||
court case that is no longer pending, the party seeking to |
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over | ||
matters pursuant to this Act. | ||
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority.
| ||
(D) Nothing contained in subsection (C) of this Section | ||
shall prohibit
the inspection or disclosure to victims and | ||
witnesses of photographs
contained in the records of law | ||
enforcement agencies when the
inspection and disclosure is | ||
conducted in the presence of a law enforcement
officer for the | ||
purpose of the identification or apprehension of any person
| ||
subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
| ||
(E) Law enforcement officers, and personnel of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct |
of law enforcement officers, may not disclose the identity of | ||
any minor
in releasing information to the general public as to | ||
the arrest, investigation
or disposition of any case involving | ||
a minor.
| ||
(F) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies from communicating with each other by | ||
letter, memorandum, teletype, or
intelligence alert bulletin | ||
or other means the identity or other relevant
information | ||
pertaining to a person under 18 years of age if there are
| ||
reasonable grounds to believe that the person poses a real and | ||
present danger
to the safety of the public or law enforcement | ||
officers. The information
provided under this subsection (F) | ||
shall remain confidential and shall not
be publicly disclosed, | ||
except as otherwise allowed by law.
| ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service
Commission or appointing authority of any | ||
federal government, state, county or municipality
examining | ||
the character and fitness of an applicant for employment with | ||
a law
enforcement agency, correctional institution, or fire | ||
department
from obtaining and examining the
records of any law | ||
enforcement agency relating to any record of the applicant
| ||
having been arrested or taken into custody before the | ||
applicant's 18th
birthday.
| ||
(G-5) Information identifying victims and alleged victims | ||
of sex offenses shall not be disclosed or open to the public | ||
under any circumstances. Nothing in this Section shall |
prohibit the victim or alleged victim of any sex offense from | ||
voluntarily disclosing his or her own identity. | ||
(H) The changes made to this Section by Public Act 98-61 | ||
apply to law enforcement records of a minor who has been | ||
arrested or taken into custody on or after January 1, 2014 (the | ||
effective date of Public Act 98-61). | ||
(H-5) Nothing in this Section shall require any court or | ||
adjudicative proceeding for traffic, boating, fish and game | ||
law, or municipal and county ordinance violations to be closed | ||
to the public. | ||
(I) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (I) shall not apply to the person who is the | ||
subject of the record. | ||
(J) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 1-7. Confidentiality of juvenile law enforcement and | ||
municipal ordinance violation records.
| ||
(A) All juvenile law enforcement records which have not | ||
been expunged are confidential and may never be disclosed to | ||
the general public or otherwise made widely available. | ||
Juvenile law enforcement records may be obtained only under |
this Section and Section 1-8 and Part 9 of Article V of this | ||
Act, when their use is needed for good cause and with an order | ||
from the juvenile court, as required by those not authorized | ||
to retain them. Inspection, copying, and disclosure of | ||
juvenile law enforcement records maintained by law
enforcement | ||
agencies or records of municipal ordinance violations | ||
maintained by any State, local, or municipal agency that | ||
relate to a minor who has been investigated, arrested, or | ||
taken
into custody before his or her 18th birthday shall be | ||
restricted to the
following:
| ||
(0.05) The minor who is the subject of the juvenile | ||
law enforcement record, his or her parents, guardian, and | ||
counsel. | ||
(0.10) Judges of the circuit court and members of the | ||
staff of the court designated by the judge. | ||
(0.15) An administrative adjudication hearing officer | ||
or members of the staff designated to assist in the | ||
administrative adjudication process. | ||
(1) Any local, State, or federal law enforcement | ||
officers or designated law enforcement staff of any
| ||
jurisdiction or agency when necessary for the discharge of | ||
their official
duties during the investigation or | ||
prosecution of a crime or relating to a
minor who has been | ||
adjudicated delinquent and there has been a previous | ||
finding
that the act which constitutes the previous | ||
offense was committed in
furtherance of criminal |
activities by a criminal street gang, or, when necessary | ||
for the discharge of its official duties in connection | ||
with a particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of | ||
law enforcement officers. For purposes of
this Section, | ||
"criminal street gang" has the meaning ascribed to it in
| ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(2) Prosecutors, public defenders, probation officers, | ||
social workers, or other
individuals assigned by the court | ||
to conduct a pre-adjudication or
pre-disposition | ||
investigation, and individuals responsible for supervising
| ||
or providing temporary or permanent care and custody for | ||
minors under
the order of the juvenile court, when | ||
essential to performing their
responsibilities.
| ||
(3) Federal, State, or local prosecutors, public | ||
defenders, probation officers, and designated staff:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805;
| ||
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and the | ||
minor is the
subject
of a proceeding to determine the | ||
conditions of pretrial release;
|
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and the minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings
on an | ||
application for probation; or
| ||
(d) in the course of prosecution or administrative | ||
adjudication of a violation of a traffic, boating, or | ||
fish and game law, or a county or municipal ordinance. | ||
(4) Adult and Juvenile Prisoner Review Board.
| ||
(5) Authorized military personnel.
| ||
(5.5) Employees of the federal government authorized | ||
by law. | ||
(6) Persons engaged in bona fide research, with the | ||
permission of the
Presiding Judge and the chief executive | ||
of the respective
law enforcement agency; provided that | ||
publication of such research results
in no disclosure of a | ||
minor's identity and protects the confidentiality
of the | ||
minor's record.
| ||
(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
| ||
(8) The appropriate school official only if the agency | ||
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others who | ||
are present in the school or on school grounds . | ||
(A) Inspection and copying
shall be limited to |
juvenile law enforcement records transmitted to the | ||
appropriate
school official or officials whom the | ||
school has determined to have a legitimate educational | ||
or safety interest by a local law enforcement agency | ||
under a reciprocal reporting
system established and | ||
maintained between the school district and the local | ||
law
enforcement agency under Section 10-20.14 of the | ||
School Code concerning a minor
enrolled in a school | ||
within the school district who has been arrested or | ||
taken
into custody for any of the following offenses:
| ||
(i) any violation of Article 24 of the | ||
Criminal Code of
1961 or the Criminal Code of | ||
2012;
| ||
(ii) a violation of the Illinois Controlled | ||
Substances Act;
| ||
(iii) a violation of the Cannabis Control Act;
| ||
(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code
of 1961 or the Criminal | ||
Code of 2012; | ||
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act;
| ||
(vi) a violation of Section 1-2 of the | ||
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, | ||
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012. | ||
The information derived from the juvenile law | ||
enforcement records shall be kept separate from and | ||
shall not become a part of the official school record | ||
of that child and shall not be a public record. The | ||
information shall be used solely by the appropriate | ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest to aid in the proper rehabilitation of the | ||
child and to protect the safety of students and | ||
employees in the school. If the designated law | ||
enforcement and school officials deem it to be in the | ||
best interest of the minor, the student may be | ||
referred to in-school or community-based social | ||
services if those services are available. | ||
"Rehabilitation services" may include interventions by | ||
school support personnel, evaluation for eligibility | ||
for special education, referrals to community-based | ||
agencies such as youth services, behavioral healthcare | ||
service providers, drug and alcohol prevention or | ||
treatment programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school | ||
officials whom the school has determined to have a |
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written juvenile law | ||
enforcement records, and shall be used solely by the | ||
appropriate school official or officials to protect | ||
the safety of students and employees in the school and | ||
aid in the proper rehabilitation of the child. The | ||
information derived orally from the local law | ||
enforcement officials shall be kept separate from and | ||
shall not become a part of the official school record | ||
of the child and shall not be a public record. This | ||
limitation on the use of information about a minor who | ||
is the subject of a current police investigation shall | ||
in no way limit the use of this information by | ||
prosecutors in pursuing criminal charges arising out | ||
of the information disclosed during a police | ||
investigation of the minor. For purposes of this | ||
paragraph, "investigation" means an official | ||
systematic inquiry by a law enforcement agency into | ||
actual or suspected criminal activity. | ||
(9) Mental health professionals on behalf of the | ||
Department of
Corrections or the Department of Human | ||
Services or prosecutors who are
evaluating, prosecuting, | ||
or investigating a potential or actual petition
brought
|
under the Sexually Violent Persons Commitment Act relating | ||
to a person who is
the
subject of juvenile law enforcement | ||
records or the respondent to a petition
brought under the | ||
Sexually Violent Persons Commitment Act who is the subject | ||
of
the
juvenile law enforcement records sought.
Any | ||
juvenile law enforcement records and any information | ||
obtained from those juvenile law enforcement records under | ||
this
paragraph (9) may be used only in sexually violent | ||
persons commitment
proceedings.
| ||
(10) The president of a park district. Inspection and | ||
copying shall be limited to juvenile law enforcement | ||
records transmitted to the president of the park district | ||
by the Illinois State Police under Section 8-23 of the | ||
Park District Code or Section 16a-5 of the Chicago Park | ||
District Act concerning a person who is seeking employment | ||
with that park district and who has been adjudicated a | ||
juvenile delinquent for any of the offenses listed in | ||
subsection (c) of Section 8-23 of the Park District Code | ||
or subsection (c) of Section 16a-5 of the Chicago Park | ||
District Act. | ||
(11) Persons managing and designated to participate in | ||
a court diversion program as designated in subsection (6) | ||
of Section 5-105. | ||
(12) The Public Access Counselor of the Office of the | ||
Attorney General, when reviewing juvenile law enforcement | ||
records under its powers and duties under the Freedom of |
Information Act. | ||
(13) Collection agencies, contracted or otherwise | ||
engaged by a governmental entity, to collect any debts due | ||
and owing to the governmental entity. | ||
(B)(1) Except as provided in paragraph (2), no law | ||
enforcement
officer or other person or agency may knowingly | ||
transmit to the Department of
Corrections, the Illinois State | ||
Police, or the Federal
Bureau of Investigation any fingerprint | ||
or photograph relating to a minor who
has been arrested or | ||
taken into custody before his or her 18th birthday,
unless the | ||
court in proceedings under this Act authorizes the | ||
transmission or
enters an order under Section 5-805 permitting | ||
or requiring the
institution of
criminal proceedings.
| ||
(2) Law enforcement officers or other persons or agencies | ||
shall transmit
to the Illinois State Police copies of | ||
fingerprints and descriptions
of all minors who have been | ||
arrested or taken into custody before their
18th birthday for | ||
the offense of unlawful use of weapons under Article 24 of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||
or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||
Class 2 or greater
felony under the Cannabis Control Act, the | ||
Illinois Controlled Substances Act, the Methamphetamine | ||
Control and Community Protection Act,
or Chapter 4 of the | ||
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||
Identification Act. Information reported to the Department |
pursuant
to this Section may be maintained with records that | ||
the Department files
pursuant to Section 2.1 of the Criminal | ||
Identification Act. Nothing in this
Act prohibits a law | ||
enforcement agency from fingerprinting a minor taken into
| ||
custody or arrested before his or her 18th birthday for an | ||
offense other than
those listed in this paragraph (2).
| ||
(C) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under
18 | ||
years of age must be maintained separate from the records of | ||
arrests and
may not be open to public inspection or their | ||
contents disclosed to the
public. For purposes of obtaining | ||
documents under this Section, a civil subpoena is not an order | ||
of the court. | ||
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile | ||
court case that is no longer pending, the party seeking to | ||
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over | ||
matters pursuant to this Act. |
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority.
| ||
(D) Nothing contained in subsection (C) of this Section | ||
shall prohibit
the inspection or disclosure to victims and | ||
witnesses of photographs
contained in the records of law | ||
enforcement agencies when the
inspection and disclosure is | ||
conducted in the presence of a law enforcement
officer for the | ||
purpose of the identification or apprehension of any person
| ||
subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
| ||
(E) Law enforcement officers, and personnel of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, may not disclose the identity of | ||
any minor
in releasing information to the general public as to | ||
the arrest, investigation
or disposition of any case involving | ||
a minor.
|
(F) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies from communicating with each other by | ||
letter, memorandum, teletype, or
intelligence alert bulletin | ||
or other means the identity or other relevant
information | ||
pertaining to a person under 18 years of age if there are
| ||
reasonable grounds to believe that the person poses a real and | ||
present danger
to the safety of the public or law enforcement | ||
officers. The information
provided under this subsection (F) | ||
shall remain confidential and shall not
be publicly disclosed, | ||
except as otherwise allowed by law.
| ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service
Commission or appointing authority of any | ||
federal government, state, county or municipality
examining | ||
the character and fitness of an applicant for employment with | ||
a law
enforcement agency, correctional institution, or fire | ||
department
from obtaining and examining the
records of any law | ||
enforcement agency relating to any record of the applicant
| ||
having been arrested or taken into custody before the | ||
applicant's 18th
birthday.
| ||
(G-5) Information identifying victims and alleged victims | ||
of sex offenses shall not be disclosed or open to the public | ||
under any circumstances. Nothing in this Section shall | ||
prohibit the victim or alleged victim of any sex offense from | ||
voluntarily disclosing his or her own identity. | ||
(H) The changes made to this Section by Public Act 98-61 | ||
apply to law enforcement records of a minor who has been |
arrested or taken into custody on or after January 1, 2014 (the | ||
effective date of Public Act 98-61). | ||
(H-5) Nothing in this Section shall require any court or | ||
adjudicative proceeding for traffic, boating, fish and game | ||
law, or municipal and county ordinance violations to be closed | ||
to the public. | ||
(I) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (I) shall not apply to the person who is the | ||
subject of the record. | ||
(J) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||
revised 10-13-21.)
| ||
(705 ILCS 405/5-915)
| ||
Sec. 5-915. Expungement of juvenile law enforcement and | ||
juvenile court records.
| ||
(0.05) (Blank). | ||
(0.1) (a) The Illinois State Police and all law | ||
enforcement agencies within the State shall automatically | ||
expunge, on or before January 1 of each year, except as | ||
described in paragraph (c) of subsection (0.1), all juvenile | ||
law enforcement records relating to events occurring before an | ||
individual's 18th birthday if: |
(1) one year or more has elapsed since the date of the | ||
arrest or law enforcement interaction documented in the | ||
records; | ||
(2) no petition for delinquency or criminal charges | ||
were filed with the clerk of the circuit court relating to | ||
the arrest or law enforcement interaction documented in | ||
the records; and | ||
(3) 6 months have elapsed since the date of the arrest | ||
without an additional subsequent arrest or filing of a | ||
petition for delinquency or criminal charges whether | ||
related or not to the arrest or law enforcement | ||
interaction documented in the records. | ||
(b) If the law enforcement agency is unable to verify | ||
satisfaction of conditions (2) and (3) of this subsection | ||
(0.1), records that satisfy condition (1) of this subsection | ||
(0.1) shall be automatically expunged if the records relate to | ||
an offense that if committed by an adult would not be an | ||
offense classified as a Class 2 felony or higher, an offense | ||
under Article 11 of the Criminal Code of 1961 or Criminal Code | ||
of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||
12-15, or 12-16 of the Criminal Code of 1961. | ||
(c) If the juvenile law enforcement record was received | ||
through a public submission to a statewide student | ||
confidential reporting system administered by the Illinois | ||
State Police, the record will maintained for a period of 5 | ||
years according to all other provisions in subsection (0.1). |
(0.15) If a juvenile law enforcement record meets | ||
paragraph (a) of subsection (0.1) of this Section, a juvenile | ||
law enforcement record created: | ||
(1) prior to January 1, 2018, but on or after January | ||
1, 2013 shall be automatically expunged prior to January | ||
1, 2020; | ||
(2) prior to January 1, 2013, but on or after January | ||
1, 2000, shall be automatically expunged prior to January | ||
1, 2023; and | ||
(3) prior to January 1, 2000 shall not be subject to | ||
the automatic expungement provisions of this Act. | ||
Nothing in this subsection (0.15) shall be construed to | ||
restrict or modify an individual's right to have his or her | ||
juvenile law enforcement records expunged except as otherwise | ||
may be provided in this Act. | ||
(0.2) (a) Upon dismissal of a petition alleging | ||
delinquency or upon a finding of not delinquent, the | ||
successful termination of an order of supervision, or the | ||
successful termination of an adjudication for an offense which | ||
would be a Class B misdemeanor, Class C misdemeanor, or a petty | ||
or business offense if committed by an adult, the court shall | ||
automatically order the expungement of the juvenile court | ||
records and juvenile law enforcement records. The clerk shall | ||
deliver a certified copy of the expungement order to the | ||
Illinois State Police and the arresting agency. Upon request, | ||
the State's Attorney shall furnish the name of the arresting |
agency. The expungement shall be completed within 60 business | ||
days after the receipt of the expungement order. | ||
(b) If the chief law enforcement officer of the agency, or | ||
his or her designee, certifies in writing that certain | ||
information is needed for a pending investigation involving | ||
the commission of a felony, that information, and information | ||
identifying the juvenile, may be retained until the statute of | ||
limitations for the felony has run. If the chief law | ||
enforcement officer of the agency, or his or her designee, | ||
certifies in writing that certain information is needed with | ||
respect to an internal investigation of any law enforcement | ||
office, that information and information identifying the | ||
juvenile may be retained within an intelligence file until the | ||
investigation is terminated or the disciplinary action, | ||
including appeals, has been completed, whichever is later. | ||
Retention of a portion of a juvenile's law enforcement record | ||
does not disqualify the remainder of his or her record from | ||
immediate automatic expungement. | ||
(0.3) (a) Upon an adjudication of delinquency based on any | ||
offense except a disqualified offense, the juvenile court | ||
shall automatically order the expungement of the juvenile | ||
court and law enforcement records 2 years after the juvenile's | ||
case was closed if no delinquency or criminal proceeding is | ||
pending and the person has had no subsequent delinquency | ||
adjudication or criminal conviction. The clerk shall deliver a | ||
certified copy of the expungement order to the Illinois State |
Police and the arresting agency. Upon request, the State's | ||
Attorney shall furnish the name of the arresting agency. The | ||
expungement shall be completed within 60 business days after | ||
the receipt of the expungement order. In this subsection | ||
(0.3), "disqualified offense" means any of the following | ||
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, | ||
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | ||
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | ||
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | ||
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | ||
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | ||
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | ||
subsection (b) of Section 8-1, paragraph (4) of subsection (a) | ||
of Section 11-14.4, subsection (a-5) of Section 12-3.1, | ||
paragraph (1), (2), or (3) of subsection (a) of Section 12-6, | ||
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | ||
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of | ||
paragraph (1) of subsection (a) of Section 12-9, subparagraph | ||
(H) of paragraph (3) of subsection (a) of Section 24-1.6, | ||
paragraph (1) of subsection (a) of Section 25-1, or subsection | ||
(a-7) of Section 31-1 of the Criminal Code of 2012. | ||
(b) If the chief law enforcement officer of the agency, or | ||
his or her designee, certifies in writing that certain | ||
information is needed for a pending investigation involving | ||
the commission of a felony, that information, and information |
identifying the juvenile, may be retained in an intelligence | ||
file until the investigation is terminated or for one | ||
additional year, whichever is sooner. Retention of a portion | ||
of a juvenile's juvenile law enforcement record does not | ||
disqualify the remainder of his or her record from immediate | ||
automatic expungement. | ||
(0.4) Automatic expungement for the purposes of this | ||
Section shall not require law enforcement agencies to | ||
obliterate or otherwise destroy juvenile law enforcement | ||
records that would otherwise need to be automatically expunged | ||
under this Act, except after 2 years following the subject | ||
arrest for purposes of use in civil litigation against a | ||
governmental entity or its law enforcement agency or personnel | ||
which created, maintained, or used the records. However, these | ||
juvenile law enforcement records shall be considered expunged | ||
for all other purposes during this period and the offense, | ||
which the records or files concern, shall be treated as if it | ||
never occurred as required under Section 5-923. | ||
(0.5) Subsection (0.1) or (0.2) of this Section does not | ||
apply to violations of traffic, boating, fish and game laws, | ||
or county or municipal ordinances. | ||
(0.6) Juvenile law enforcement records of a plaintiff who | ||
has filed civil litigation against the governmental entity or | ||
its law enforcement agency or personnel that created, | ||
maintained, or used the records, or juvenile law enforcement | ||
records that contain information related to the allegations |
set forth in the civil litigation may not be expunged until | ||
after 2 years have elapsed after the conclusion of the | ||
lawsuit, including any appeal. | ||
(0.7) Officer-worn body camera recordings shall not be | ||
automatically expunged except as otherwise authorized by the | ||
Law Enforcement Officer-Worn Body Camera Act. | ||
(1) Whenever a person has been arrested, charged, or | ||
adjudicated delinquent for an incident occurring before his or | ||
her 18th birthday that if committed by an adult would be an | ||
offense, and that person's juvenile law enforcement and | ||
juvenile court records are not eligible for automatic | ||
expungement under subsection (0.1), (0.2), or (0.3), the
| ||
person may petition the court at any time for expungement of | ||
juvenile law
enforcement records and juvenile court records | ||
relating to the incident and, upon termination of all juvenile
| ||
court proceedings relating to that incident, the court shall | ||
order the expungement of all records in the possession of the | ||
Illinois State Police, the clerk of the circuit court, and law | ||
enforcement agencies relating to the incident, but only in any | ||
of the following circumstances:
| ||
(a) the minor was arrested and no petition for | ||
delinquency was filed with
the clerk of the circuit court; | ||
(a-5) the minor was charged with an offense and the | ||
petition or petitions were dismissed without a finding of | ||
delinquency;
| ||
(b) the minor was charged with an offense and was |
found not delinquent of
that offense;
| ||
(c) the minor was placed under supervision under | ||
Section 5-615, and
the order of
supervision has since been | ||
successfully terminated; or
| ||
(d)
the minor was adjudicated for an offense which | ||
would be a Class B
misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult.
| ||
(1.5) The Illinois State Police shall allow a person to | ||
use the Access and Review process, established in the Illinois | ||
State Police, for verifying that his or her juvenile law | ||
enforcement records relating to incidents occurring before his | ||
or her 18th birthday eligible under this Act have been | ||
expunged. | ||
(1.6) (Blank). | ||
(1.7) (Blank). | ||
(1.8) (Blank). | ||
(2) Any person whose delinquency adjudications are not | ||
eligible for automatic expungement under subsection (0.3) of | ||
this Section may petition the court to expunge all juvenile | ||
law enforcement records
relating to any
incidents occurring | ||
before his or her 18th birthday which did not result in
| ||
proceedings in criminal court and all juvenile court records | ||
with respect to
any adjudications except those based upon | ||
first degree
murder or an offense under Article 11 of the | ||
Criminal Code of 2012 if the person is required to register | ||
under the Sex Offender Registration Act at the time he or she |
petitions the court for expungement; provided that 2 years | ||
have elapsed since all juvenile court proceedings relating to
| ||
him or her have been terminated and his or her commitment to | ||
the Department of
Juvenile Justice
under this Act has been | ||
terminated.
| ||
(2.5) If a minor is arrested and no petition for | ||
delinquency is filed with the clerk of the circuit court at the | ||
time the minor is released from custody, the youth officer, if | ||
applicable, or other designated person from the arresting | ||
agency, shall notify verbally and in writing to the minor or | ||
the minor's parents or guardians that the minor shall have an | ||
arrest record and shall provide the minor and the minor's | ||
parents or guardians with an expungement information packet, | ||
information regarding this State's expungement laws including | ||
a petition to expunge juvenile law enforcement and juvenile | ||
court records obtained from the clerk of the circuit court. | ||
(2.6) If a minor is referred to court, then, at the time of | ||
sentencing, dismissal of the case, or successful completion of | ||
supervision, the judge shall inform the delinquent minor of | ||
his or her rights regarding expungement and the clerk of the | ||
circuit court shall provide an expungement information packet | ||
to the minor, written in plain language, including information | ||
regarding this State's expungement laws and a petition for | ||
expungement, a sample of a completed petition, expungement | ||
instructions that shall include information informing the | ||
minor that (i) once the case is expunged, it shall be treated |
as if it never occurred, (ii) he or she may apply to have | ||
petition fees waived, (iii) once he or she obtains an | ||
expungement, he or she may not be required to disclose that he | ||
or she had a juvenile law enforcement or juvenile court | ||
record, and (iv) if petitioning he or she may file the petition | ||
on his or her own or with the assistance of an attorney. The | ||
failure of the judge to inform the delinquent minor of his or | ||
her right to petition for expungement as provided by law does | ||
not create a substantive right, nor is that failure grounds | ||
for: (i) a reversal of an adjudication of delinquency; (ii) a | ||
new trial; or (iii) an appeal. | ||
(2.7) (Blank). | ||
(2.8) (Blank). | ||
(3) (Blank).
| ||
(3.1) (Blank).
| ||
(3.2) (Blank). | ||
(3.3) (Blank).
| ||
(4) (Blank).
| ||
(5) (Blank).
| ||
(5.5) Whether or not expunged, records eligible for | ||
automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||
(0.3)(a) may be treated as expunged by the individual subject | ||
to the records. | ||
(6) (Blank). | ||
(6.5) The Illinois State Police or any employee of the | ||
Illinois State Police shall be immune from civil or criminal |
liability for failure to expunge any records of arrest that | ||
are subject to expungement under this Section because of | ||
inability to verify a record. Nothing in this Section shall | ||
create Illinois State Police liability or responsibility for | ||
the expungement of juvenile law enforcement records it does | ||
not possess. | ||
(7) (Blank).
| ||
(7.5) (Blank). | ||
(8) The expungement of juvenile law enforcement or | ||
juvenile court records under subsection (0.1), (0.2), or (0.3) | ||
of this Section shall be funded by appropriation by the | ||
General Assembly for that purpose. | ||
(9) (Blank). | ||
(10) (Blank). | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
| ||
Section 995. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that | ||
text does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act.
|