Illinois General Assembly

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 Bill Status of HB5602  97th General Assembly


Short Description:  JUVENILE RECORDS-RELEASE

House Sponsors
Rep. Carol A. Sente - Ed Sullivan, Jr. - Linda Chapa LaVia - Robert W. Pritchard - Jehan A. Gordon, Jack D. Franks, Sidney H. Mathias, Donald L. Moffitt, Lisa M. Dugan, Darlene J. Senger, Fred Crespo, Luis Arroyo, Michael J. Zalewski, Michael W. Tryon, Michael G. Connelly, Franco Coladipietro, Randy Ramey, Jr., Dennis M. Reboletti, Jerry L. Mitchell, Edward J. Acevedo, Daniel J. Burke, Dena M. Carli, Maria Antonia Berrios, Jack McGuire, John D'Amico, Mike Bost, Michael P. McAuliffe, Michelle Mussman, Roger L. Eddy, William Cunningham, Elizabeth Hernandez, Brandon W. Phelps, Cynthia Soto and Keith Farnham

Senate Sponsors
(Sen. John J. Millner )

Last Action
DateChamber Action
  8/27/2012HousePublic Act . . . . . . . . . 97-1104

Statutes Amended In Order of Appearance
105 ILCS 5/22-20from Ch. 122, par. 22-20
705 ILCS 405/1-7from Ch. 37, par. 801-7
705 ILCS 405/5-905


Synopsis As Introduced
Amends the School Code and the Juvenile Court Act of 1987. Provides that the inspection and copying of law enforcement records maintained by law enforcement agencies that relate to a minor who has been arrested or taken into custody before his or her 17th birthday may be released to appropriate school officials by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency concerning a minor enrolled in a school within the school district who is the subject of a police investigation, or has been arrested or taken into custody for an offense classified as a felony or a Class A or B misdemeanor. Provides that the information derived from the 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. Provides that the information shall be used solely by the appropriate school official or officials to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Reinserts the provisions of the bill, except provides that 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 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. Provides that 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. Provides that 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.

Senate Committee Amendment No. 1
Provides that a local law enforcement agency or officer may provide information to appropriate school officials 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. Provides that the information furnished to the appropriate school officials shall concern only the offenses of: (1) unlawful use of weapons; (2) violations of the Cannabis Control Act; (3) violations of the Illinois Controlled Substances Act; (4) forcible felonies; (5) violations of the Methamphetamine Control and Community Protection Act; (6) harassment through electronic communications; and (7) hazing (rather than offenses classified as felonies or Class A or B misdemeanors).

Senate Committee Amendment No. 2
Provides that the information furnished to the appropriate school officials shall concern only the offenses of: (1) violations of the Deadly Weapons Article of the Criminal Code of 1961; (2) violations of the Illinois Controlled Substances Act; (3) violations of the Cannabis Control Act; (4) forcible felonies; (4) violations of the Methamphetamine Control and Community Protection Act; (5) harassment through electronic communications; (7) violations of the Hazing Act; and (8) assault, aggravated assault, battery, aggravated battery, battery of an unborn child, aggravated battery of an unborn child, domestic battery, violation of an order of protection, interference with reporting of domestic violence, reckless conduct, stalking, aggravated stalking, cyberstalking, mob action, or unlawful contact with streetgang members (rather than offenses classified as felonies or Class A or B misdemeanors). Provides that 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. Provides that "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. Adds definition of "investigation".

Actions 
DateChamber Action
  2/15/2012HouseFiled with the Clerk by Rep. Carol A. Sente
  2/15/2012HouseFirst Reading
  2/15/2012HouseReferred to Rules Committee
  2/21/2012HouseAdded Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  2/21/2012HouseAdded Chief Co-Sponsor Rep. Robert W. Pritchard
  2/21/2012HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  2/21/2012HouseAdded Chief Co-Sponsor Rep. Keith Farnham
  2/21/2012HouseRemove Chief Co-Sponsor Rep. Jack D. Franks
  2/21/2012HouseRemove Chief Co-Sponsor Rep. Keith Farnham
  2/27/2012HouseAssigned to Elementary & Secondary Education Committee
  2/28/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Carol A. Sente
  2/28/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/29/2012HouseHouse Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education Committee
  2/29/2012HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  2/29/2012HouseAdded Co-Sponsor Rep. Jack D. Franks
  2/29/2012HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  2/29/2012HouseRemoved Co-Sponsor Rep. Jehan A. Gordon
  3/1/2012HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  3/2/2012HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  3/2/2012HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/2/2012HouseAdded Co-Sponsor Rep. Darlene J. Senger
  3/7/2012HouseDo Pass / Short Debate Elementary & Secondary Education Committee; 023-000-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/7/2012HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/7/2012HouseAdded Co-Sponsor Rep. Fred Crespo
  3/8/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Carol A. Sente
  3/8/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/8/2012HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/8/2012HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/8/2012HouseAdded Co-Sponsor Rep. Michael W. Tryon
  3/8/2012HouseAdded Co-Sponsor Rep. Michael G. Connelly
  3/8/2012HouseAdded Co-Sponsor Rep. Franco Coladipietro
  3/8/2012HouseAdded Co-Sponsor Rep. Randy Ramey, Jr.
  3/8/2012HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/8/2012HouseAdded Co-Sponsor Rep. Jerry L. Mitchell
  3/8/2012HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  3/9/2012HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/9/2012HouseAdded Co-Sponsor Rep. Dena M. Carli
  3/9/2012HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/9/2012HouseAdded Co-Sponsor Rep. Jack McGuire
  3/9/2012HouseAdded Co-Sponsor Rep. John D'Amico
  3/9/2012HouseAdded Co-Sponsor Rep. Mike Bost
  3/9/2012HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  3/9/2012HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/9/2012HouseAdded Co-Sponsor Rep. Roger L. Eddy
  3/15/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Carol A. Sente
  3/15/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/21/2012HouseHouse Floor Amendment No. 2 Rules Refers to Elementary & Secondary Education Committee
  3/21/2012HouseHouse Floor Amendment No. 3 Rules Refers to Elementary & Secondary Education Committee
  3/22/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Elementary & Secondary Education Committee; 018-003-001
  3/22/2012HouseAdded Co-Sponsor Rep. William Cunningham
  3/22/2012HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/22/2012HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/22/2012HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/22/2012HouseSecond Reading - Short Debate
  3/22/2012HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/22/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2012HouseAdded Chief Co-Sponsor Rep. Jehan A. Gordon
  3/23/2012HouseAdded Co-Sponsor Rep. Keith Farnham
  3/23/2012HouseThird Reading - Short Debate - Passed 091-009-002
  3/26/2012SenateArrive in Senate
  3/26/2012SenatePlaced on Calendar Order of First Reading
  3/26/2012SenateChief Senate Sponsor Sen. John J. Millner
  3/26/2012SenateFirst Reading
  3/26/2012SenateReferred to Assignments
  3/30/2012HouseHouse Floor Amendment No. 2 Rule 19(a) / Re-referred to Rules Committee
  4/11/2012SenateAssigned to Criminal Law
  4/18/2012SenateHeld in Criminal Law
  4/19/2012SenateAlternate Chief Sponsor Changed to Sen. Antonio Muņoz
  4/19/2012SenateAdded as Alternate Chief Co-Sponsor Sen. John J. Millner
  4/26/2012SenateHeld in Criminal Law
  5/2/2012SenatePostponed - Criminal Law
  5/4/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/8/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Antonio Muņoz
  5/8/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/8/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/9/2012SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  5/9/2012SenatePostponed - Criminal Law
  5/16/2012SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  5/16/2012SenatePostponed - Criminal Law
  5/22/2012SenateSponsor Removed Sen. John J. Millner
  5/22/2012SenateAlternate Chief Sponsor Changed to Sen. John J. Millner
  5/22/2012SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Millner
  5/22/2012SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/22/2012SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  5/23/2012SenateSenate Committee Amendment No. 1 Adopted
  5/23/2012SenateSenate Committee Amendment No. 2 Adopted
  5/23/2012SenateDo Pass as Amended Criminal Law; 008-001-000
  5/23/2012SenatePlaced on Calendar Order of 2nd Reading May 24, 2012
  5/24/2012SenateSecond Reading
  5/24/2012SenatePlaced on Calendar Order of 3rd Reading May 25, 2012
  5/25/2012SenateThird Reading - Passed; 052-002-000
  5/25/2012HouseArrived in House
  5/25/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/25/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Carol A. Sente
  5/25/2012HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Carol A. Sente
  5/25/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2012HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Elementary & Secondary Education Committee
  5/28/2012HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Elementary & Secondary Education Committee
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Elementary & Secondary Education Committee; 017-003-000
  5/28/2012HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Elementary & Secondary Education Committee; 017-003-000
  5/30/2012HouseSenate Committee Amendment No. 1 House Concurs 098-019-000
  5/30/2012HouseSenate Committee Amendment No. 2 House Concurs 098-019-000
  5/30/2012HousePassed Both Houses
  6/28/2012HouseSent to the Governor
  8/27/2012HouseGovernor Approved
  8/27/2012HouseEffective Date January 1, 2013
  8/27/2012HousePublic Act . . . . . . . . . 97-1104

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