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Full Text of SB2286  97th General Assembly

SB2286eng 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 8-23 as follows:
 
6    (70 ILCS 1205/8-23)
7    Sec. 8-23. Criminal background investigations.
8    (a) An applicant for employment with a park district is
9required as a condition of employment to authorize an
10investigation to determine if the applicant has been convicted
11of, or adjudicated a delinquent minor for, any of the
12enumerated criminal or drug offenses in subsection (c) of this
13Section or has been convicted, within 7 years of the
14application for employment with the park district, of any other
15felony under the laws of this State or of any offense committed
16or attempted in any other state or against the laws of the
17United States that, if committed or attempted in this State,
18would have been punishable as a felony under the laws of this
19State. Authorization for the investigation shall be furnished
20by the applicant to the park district. Upon receipt of this
21authorization, the park district shall submit the applicant's
22name, sex, race, date of birth, and social security number to
23the Department of State Police on forms prescribed by the

 

 

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1Department of State Police. The Department of State Police
2shall conduct a search of the Illinois criminal history records
3database to ascertain if the applicant being considered for
4employment has been convicted of, or adjudicated a delinquent
5minor for, committing or attempting to commit any of the
6enumerated criminal or drug offenses in subsection (c) of this
7Section or has been convicted of committing or attempting to
8commit, within 7 years of the application for employment with
9the park district, any other felony under the laws of this
10State. The Department of State Police shall charge the park
11district a fee for conducting the investigation, which fee
12shall be deposited in the State Police Services Fund and shall
13not exceed the cost of the inquiry. The applicant shall not be
14charged a fee by the park district for the investigation.
15    (b) If the search of the Illinois criminal history record
16database indicates that the applicant has been convicted of, or
17adjudicated a delinquent minor for, committing or attempting to
18commit any of the enumerated criminal or drug offenses in
19subsection (c) or has been convicted of committing or
20attempting to commit, within 7 years of the application for
21employment with the park district, any other felony under the
22laws of this State, the Department of State Police and the
23Federal Bureau of Investigation shall furnish, pursuant to a
24fingerprint based background check, records of convictions or
25adjudications as a delinquent minor, until expunged, to the
26president of the park district. Any information concerning the

 

 

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1record of convictions or adjudications as a delinquent minor
2obtained by the president shall be confidential and may only be
3transmitted to those persons who are necessary to the decision
4on whether to hire the applicant for employment. A copy of the
5record of convictions or adjudications as a delinquent minor
6obtained from the Department of State Police shall be provided
7to the applicant for employment. Any person who releases any
8confidential information concerning any criminal convictions
9or adjudications as a delinquent minor of an applicant for
10employment shall be guilty of a Class A misdemeanor, unless the
11release of such information is authorized by this Section.
12    (c) No park district shall knowingly employ a person who
13has been convicted, or adjudicated a delinquent minor, for
14committing attempted first degree murder or for committing or
15attempting to commit first degree murder, a Class X felony, or
16any one or more of the following offenses: (i) those defined in
17Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17,
1811-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-7.3,
1912-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the
20Criminal Code of 1961; (ii) those defined in the Cannabis
21Control Act, except those defined in Sections 4(a), 4(b), and
225(a) of that Act; (iii) those defined in the Illinois
23Controlled Substances Act; (iv) those defined in the
24Methamphetamine Control and Community Protection Act; and (v)
25any offense committed or attempted in any other state or
26against the laws of the United States, which, if committed or

 

 

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1attempted in this State, would have been punishable as one or
2more of the foregoing offenses. Further, no park district shall
3knowingly employ a person who has been found to be the
4perpetrator of sexual or physical abuse of any minor under 18
5years of age pursuant to proceedings under Article II of the
6Juvenile Court Act of 1987. No park district shall knowingly
7employ a person for whom a criminal background investigation
8has not been initiated.
9(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
10    Section 10. The Juvenile Court Act of 1987 is amended by
11changing Sections 1-7 and 5-905 as follows:
 
12    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
13    Sec. 1-7. Confidentiality of law enforcement records.
14    (A) Inspection and copying of law enforcement records
15maintained by law enforcement agencies that relate to a minor
16who has been arrested or taken into custody before his or her
1717th birthday shall be restricted to the following:
18        (1) Any local, State or federal law enforcement
19    officers of any jurisdiction or agency when necessary for
20    the discharge of their official duties during the
21    investigation or prosecution of a crime or relating to a
22    minor who has been adjudicated delinquent and there has
23    been a previous finding that the act which constitutes the
24    previous offense was committed in furtherance of criminal

 

 

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1    activities by a criminal street gang, or, when necessary
2    for the discharge of its official duties in connection with
3    a particular investigation of the conduct of a law
4    enforcement officer, an independent agency or its staff
5    created by ordinance and charged by a unit of local
6    government with the duty of investigating the conduct of
7    law enforcement officers. For purposes of this Section,
8    "criminal street gang" has the meaning ascribed to it in
9    Section 10 of the Illinois Streetgang Terrorism Omnibus
10    Prevention Act.
11        (2) Prosecutors, probation officers, social workers,
12    or other individuals assigned by the court to conduct a
13    pre-adjudication or pre-disposition investigation, and
14    individuals responsible for supervising or providing
15    temporary or permanent care and custody for minors pursuant
16    to the order of the juvenile court, when essential to
17    performing their responsibilities.
18        (3) Prosecutors and probation officers:
19            (a) in the course of a trial when institution of
20        criminal proceedings has been permitted or required
21        under Section 5-805; or
22            (b) when institution of criminal proceedings has
23        been permitted or required under Section 5-805 and such
24        minor is the subject of a proceeding to determine the
25        amount of bail; or
26            (c) when criminal proceedings have been permitted

 

 

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1        or required under Section 5-805 and such minor is the
2        subject of a pre-trial investigation, pre-sentence
3        investigation, fitness hearing, or proceedings on an
4        application for probation.
5        (4) Adult and Juvenile Prisoner Review Board.
6        (5) Authorized military personnel.
7        (6) Persons engaged in bona fide research, with the
8    permission of the Presiding Judge of the Juvenile Court and
9    the chief executive of the respective law enforcement
10    agency; provided that publication of such research results
11    in no disclosure of a minor's identity and protects the
12    confidentiality of the minor's record.
13        (7) Department of Children and Family Services child
14    protection investigators acting in their official
15    capacity.
16        (8) The appropriate school official. Inspection and
17    copying shall be limited to law enforcement records
18    transmitted to the appropriate school official by a local
19    law enforcement agency under a reciprocal reporting system
20    established and maintained between the school district and
21    the local law enforcement agency under Section 10-20.14 of
22    the School Code concerning a minor enrolled in a school
23    within the school district who has been arrested or taken
24    into custody for any of the following offenses:
25            (i) unlawful use of weapons under Section 24-1 of
26        the Criminal Code of 1961;

 

 

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1            (ii) a violation of the Illinois Controlled
2        Substances Act;
3            (iii) a violation of the Cannabis Control Act;
4            (iv) a forcible felony as defined in Section 2-8 of
5        the Criminal Code of 1961; or
6            (v) a violation of the Methamphetamine Control and
7        Community Protection Act.
8        (9) Mental health professionals on behalf of the
9    Illinois Department of Corrections or the Department of
10    Human Services or prosecutors who are evaluating,
11    prosecuting, or investigating a potential or actual
12    petition brought under the Sexually Violent Persons
13    Commitment Act relating to a person who is the subject of
14    juvenile law enforcement records or the respondent to a
15    petition brought under the Sexually Violent Persons
16    Commitment Act who is the subject of the juvenile law
17    enforcement records sought. Any records and any
18    information obtained from those records under this
19    paragraph (9) may be used only in sexually violent persons
20    commitment proceedings.
21        (10) The president of a park district. Inspection and
22    copying shall be limited to law enforcement records
23    transmitted to the president of the park district by the
24    Illinois State Police under Section 8-23 of the Park
25    District Code concerning a person who is seeking employment
26    with that park district and who has been adjudicated a

 

 

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1    juvenile delinquent for any of the offenses listed in
2    subsection (c) of Section 8-23 of the Park District Code.
3    (B) (1) Except as provided in paragraph (2), no law
4    enforcement officer or other person or agency may knowingly
5    transmit to the Department of Corrections, Adult Division
6    or the Department of State Police or to the Federal Bureau
7    of Investigation any fingerprint or photograph relating to
8    a minor who has been arrested or taken into custody before
9    his or her 17th birthday, unless the court in proceedings
10    under this Act authorizes the transmission or enters an
11    order under Section 5-805 permitting or requiring the
12    institution of criminal proceedings.
13        (2) Law enforcement officers or other persons or
14    agencies shall transmit to the Department of State Police
15    copies of fingerprints and descriptions of all minors who
16    have been arrested or taken into custody before their 17th
17    birthday for the offense of unlawful use of weapons under
18    Article 24 of the Criminal Code of 1961, a Class X or Class
19    1 felony, a forcible felony as defined in Section 2-8 of
20    the Criminal Code of 1961, or a Class 2 or greater felony
21    under the Cannabis Control Act, the Illinois Controlled
22    Substances Act, the Methamphetamine Control and Community
23    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
24    pursuant to Section 5 of the Criminal Identification Act.
25    Information reported to the Department pursuant to this
26    Section may be maintained with records that the Department

 

 

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1    files pursuant to Section 2.1 of the Criminal
2    Identification Act. Nothing in this Act prohibits a law
3    enforcement agency from fingerprinting a minor taken into
4    custody or arrested before his or her 17th birthday for an
5    offense other than those listed in this paragraph (2).
6    (C) The records of law enforcement officers, or of an
7independent agency created by ordinance and charged by a unit
8of local government with the duty of investigating the conduct
9of law enforcement officers, concerning all minors under 17
10years of age must be maintained separate from the records of
11arrests and may not be open to public inspection or their
12contents disclosed to the public except by order of the court
13presiding over matters pursuant to this Act or when the
14institution of criminal proceedings has been permitted or
15required under Section 5-805 or such a person has been
16convicted of a crime and is the subject of pre-sentence
17investigation or proceedings on an application for probation or
18when provided by law. For purposes of obtaining documents
19pursuant to this Section, a civil subpoena is not an order of
20the court.
21        (1) In cases where the law enforcement, or independent
22    agency, records concern a pending juvenile court case, the
23    party seeking to inspect the records shall provide actual
24    notice to the attorney or guardian ad litem of the minor
25    whose records are sought.
26        (2) In cases where the records concern a juvenile court

 

 

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1    case that is no longer pending, the party seeking to
2    inspect the records shall provide actual notice to the
3    minor or the minor's parent or legal guardian, and the
4    matter shall be referred to the chief judge presiding over
5    matters pursuant to this Act.
6        (3) In determining whether the records should be
7    available for inspection, the court shall consider the
8    minor's interest in confidentiality and rehabilitation
9    over the moving party's interest in obtaining the
10    information. Any records obtained in violation of this
11    subsection (C) shall not be admissible in any criminal or
12    civil proceeding, or operate to disqualify a minor from
13    subsequently holding public office or securing employment,
14    or operate as a forfeiture of any public benefit, right,
15    privilege, or right to receive any license granted by
16    public authority.
17    (D) Nothing contained in subsection (C) of this Section
18shall prohibit the inspection or disclosure to victims and
19witnesses of photographs contained in the records of law
20enforcement agencies when the inspection and disclosure is
21conducted in the presence of a law enforcement officer for the
22purpose of the identification or apprehension of any person
23subject to the provisions of this Act or for the investigation
24or prosecution of any crime.
25    (E) Law enforcement officers, and personnel of an
26independent agency created by ordinance and charged by a unit

 

 

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1of local government with the duty of investigating the conduct
2of law enforcement officers, may not disclose the identity of
3any minor in releasing information to the general public as to
4the arrest, investigation or disposition of any case involving
5a minor.
6    (F) Nothing contained in this Section shall prohibit law
7enforcement agencies from communicating with each other by
8letter, memorandum, teletype or intelligence alert bulletin or
9other means the identity or other relevant information
10pertaining to a person under 17 years of age if there are
11reasonable grounds to believe that the person poses a real and
12present danger to the safety of the public or law enforcement
13officers. The information provided under this subsection (F)
14shall remain confidential and shall not be publicly disclosed,
15except as otherwise allowed by law.
16    (G) Nothing in this Section shall prohibit the right of a
17Civil Service Commission or appointing authority of any state,
18county or municipality examining the character and fitness of
19an applicant for employment with a law enforcement agency,
20correctional institution, or fire department from obtaining
21and examining the records of any law enforcement agency
22relating to any record of the applicant having been arrested or
23taken into custody before the applicant's 17th birthday.
24(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
25    (705 ILCS 405/5-905)

 

 

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1    Sec. 5-905. Law enforcement records.
2    (1) Law Enforcement Records. Inspection and copying of law
3enforcement records maintained by law enforcement agencies
4that relate to a minor who has been arrested or taken into
5custody before his or her 17th birthday shall be restricted to
6the following and when necessary for the discharge of their
7official duties:
8        (a) A judge of the circuit court and members of the
9    staff of the court designated by the judge;
10        (b) Law enforcement officers, probation officers or
11    prosecutors or their staff, or, when necessary for the
12    discharge of its official duties in connection with a
13    particular investigation of the conduct of a law
14    enforcement officer, an independent agency or its staff
15    created by ordinance and charged by a unit of local
16    government with the duty of investigating the conduct of
17    law enforcement officers;
18        (c) The minor, the minor's parents or legal guardian
19    and their attorneys, but only when the juvenile has been
20    charged with an offense;
21        (d) Adult and Juvenile Prisoner Review Boards;
22        (e) Authorized military personnel;
23        (f) Persons engaged in bona fide research, with the
24    permission of the judge of juvenile court and the chief
25    executive of the agency that prepared the particular
26    recording: provided that publication of such research

 

 

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1    results in no disclosure of a minor's identity and protects
2    the confidentiality of the record;
3        (g) Individuals responsible for supervising or
4    providing temporary or permanent care and custody of minors
5    pursuant to orders of the juvenile court or directives from
6    officials of the Department of Children and Family Services
7    or the Department of Human Services who certify in writing
8    that the information will not be disclosed to any other
9    party except as provided under law or order of court;
10        (h) The appropriate school official. Inspection and
11    copying shall be limited to law enforcement records
12    transmitted to the appropriate school official by a local
13    law enforcement agency under a reciprocal reporting system
14    established and maintained between the school district and
15    the local law enforcement agency under Section 10-20.14 of
16    the School Code concerning a minor enrolled in a school
17    within the school district who has been arrested for any
18    offense classified as a felony or a Class A or B
19    misdemeanor.
20        (i) The president of a park district. Inspection and
21    copying shall be limited to law enforcement records
22    transmitted to the president of the park district by the
23    Illinois State Police under Section 8-23 of the Park
24    District Code concerning a person who is seeking employment
25    with that park district and who has been adjudicated a
26    juvenile delinquent for any of the offenses listed in

 

 

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1    subsection (c) of Section 8-23 of the Park District Code.
2    (2) Information identifying victims and alleged victims of
3sex offenses, shall not be disclosed or open to public
4inspection under any circumstances. Nothing in this Section
5shall prohibit the victim or alleged victim of any sex offense
6from voluntarily disclosing his or her identity.
7    (2.5) If the minor is a victim of aggravated battery,
8battery, attempted first degree murder, or other non-sexual
9violent offense, the identity of the victim may be disclosed to
10appropriate school officials, for the purpose of preventing
11foreseeable future violence involving minors, by a local law
12enforcement agency pursuant to an agreement established
13between the school district and a local law enforcement agency
14subject to the approval by the presiding judge of the juvenile
15court.
16    (3) Relevant information, reports and records shall be made
17available to the Department of Juvenile Justice when a juvenile
18offender has been placed in the custody of the Department of
19Juvenile Justice.
20    (4) Nothing in this Section shall prohibit the inspection
21or disclosure to victims and witnesses of photographs contained
22in the records of law enforcement agencies when the inspection
23or disclosure is conducted in the presence of a law enforcement
24officer for purposes of identification or apprehension of any
25person in the course of any criminal investigation or
26prosecution.

 

 

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1    (5) The records of law enforcement officers, or of an
2independent agency created by ordinance and charged by a unit
3of local government with the duty of investigating the conduct
4of law enforcement officers, concerning all minors under 17
5years of age must be maintained separate from the records of
6adults and may not be open to public inspection or their
7contents disclosed to the public except by order of the court
8or when the institution of criminal proceedings has been
9permitted under Section 5-130 or 5-805 or required under
10Section 5-130 or 5-805 or such a person has been convicted of a
11crime and is the subject of pre-sentence investigation or when
12provided by law.
13    (6) Except as otherwise provided in this subsection (6),
14law enforcement officers, and personnel of an independent
15agency created by ordinance and charged by a unit of local
16government with the duty of investigating the conduct of law
17enforcement officers, may not disclose the identity of any
18minor in releasing information to the general public as to the
19arrest, investigation or disposition of any case involving a
20minor. Any victim or parent or legal guardian of a victim may
21petition the court to disclose the name and address of the
22minor and the minor's parents or legal guardian, or both. Upon
23a finding by clear and convincing evidence that the disclosure
24is either necessary for the victim to pursue a civil remedy
25against the minor or the minor's parents or legal guardian, or
26both, or to protect the victim's person or property from the

 

 

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1minor, then the court may order the disclosure of the
2information to the victim or to the parent or legal guardian of
3the victim only for the purpose of the victim pursuing a civil
4remedy against the minor or the minor's parents or legal
5guardian, or both, or to protect the victim's person or
6property from the minor.
7    (7) Nothing contained in this Section shall prohibit law
8enforcement agencies when acting in their official capacity
9from communicating with each other by letter, memorandum,
10teletype or intelligence alert bulletin or other means the
11identity or other relevant information pertaining to a person
12under 17 years of age. The information provided under this
13subsection (7) shall remain confidential and shall not be
14publicly disclosed, except as otherwise allowed by law.
15    (8) No person shall disclose information under this Section
16except when acting in his or her official capacity and as
17provided by law or order of court.
18(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.