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Full Text of SB2286  97th General Assembly

SB2286sam001 97TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 3/9/2011

 

 


 

 


 
09700SB2286sam001LRB097 10006 RLJ 51678 a

1
AMENDMENT TO SENATE BILL 2286

2    AMENDMENT NO. ______. Amend Senate Bill 2286 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1United States that, if committed or attempted in this State,
2would have been punishable as a felony under the laws of this
3State. Authorization for the investigation shall be furnished
4by the applicant to the park district. Upon receipt of this
5authorization, the park district shall submit the applicant's
6name, sex, race, date of birth, and social security number to
7the Department of State Police on forms prescribed by the
8Department of State Police. The Department of State Police
9shall conduct a search of the Illinois criminal history records
10database to ascertain if the applicant being considered for
11employment has been convicted of, or adjudicated a delinquent
12minor for, committing or attempting to commit any of the
13enumerated criminal or drug offenses in subsection (c) of this
14Section or has been convicted of committing or attempting to
15commit, within 7 years of the application for employment with
16the park district, any other felony under the laws of this
17State. The Department of State Police shall charge the park
18district a fee for conducting the investigation, which fee
19shall be deposited in the State Police Services Fund and shall
20not exceed the cost of the inquiry. The applicant shall not be
21charged a fee by the park district for the investigation.
22    (b) If the search of the Illinois criminal history record
23database indicates that the applicant has been convicted of, or
24adjudicated a delinquent minor for, committing or attempting to
25commit any of the enumerated criminal or drug offenses in
26subsection (c) or has been convicted of committing or

 

 

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1attempting to commit, within 7 years of the application for
2employment with the park district, any other felony under the
3laws of this State, the Department of State Police and the
4Federal Bureau of Investigation shall furnish, pursuant to a
5fingerprint based background check, records of convictions or
6adjudications as a delinquent minor, until expunged, to the
7president of the park district. Any information concerning the
8record of convictions or adjudications as a delinquent minor
9obtained by the president shall be confidential and may only be
10transmitted to those persons who are necessary to the decision
11on whether to hire the applicant for employment. A copy of the
12record of convictions or adjudications as a delinquent minor
13obtained from the Department of State Police shall be provided
14to the applicant for employment. Any person who releases any
15confidential information concerning any criminal convictions
16or adjudications as a delinquent minor of an applicant for
17employment shall be guilty of a Class A misdemeanor, unless the
18release of such information is authorized by this Section.
19    (c) No park district shall knowingly employ a person who
20has been convicted, or adjudicated a delinquent minor, for
21committing attempted first degree murder or for committing or
22attempting to commit first degree murder, a Class X felony, or
23any one or more of the following offenses: (i) those defined in
24Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17,
2511-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-7.3,
2612-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the

 

 

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1Criminal Code of 1961; (ii) those defined in the Cannabis
2Control Act, except those defined in Sections 4(a), 4(b), and
35(a) of that Act; (iii) those defined in the Illinois
4Controlled Substances Act; (iv) those defined in the
5Methamphetamine Control and Community Protection Act; and (v)
6any offense committed or attempted in any other state or
7against the laws of the United States, which, if committed or
8attempted in this State, would have been punishable as one or
9more of the foregoing offenses. Further, no park district shall
10knowingly employ a person who has been found to be the
11perpetrator of sexual or physical abuse of any minor under 18
12years of age pursuant to proceedings under Article II of the
13Juvenile Court Act of 1987. No park district shall knowingly
14employ a person for whom a criminal background investigation
15has not been initiated.
16(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
17    Section 10. The Juvenile Court Act of 1987 is amended by
18changing Sections 1-7 and 5-905 as follows:
 
19    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
20    Sec. 1-7. Confidentiality of law enforcement records.
21    (A) Inspection and copying of law enforcement records
22maintained by law enforcement agencies that relate to a minor
23who has been arrested or taken into custody before his or her
2417th birthday shall be restricted to the following:

 

 

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1        (1) Any local, State or federal law enforcement
2    officers of any jurisdiction or agency when necessary for
3    the discharge of their official duties during the
4    investigation or prosecution of a crime or relating to a
5    minor who has been adjudicated delinquent and there has
6    been a previous finding that the act which constitutes the
7    previous offense was committed in furtherance of criminal
8    activities by a criminal street gang, or, when necessary
9    for the discharge of its official duties in connection with
10    a particular investigation of the conduct of a law
11    enforcement officer, an independent agency or its staff
12    created by ordinance and charged by a unit of local
13    government with the duty of investigating the conduct of
14    law enforcement officers. For purposes of this Section,
15    "criminal street gang" has the meaning ascribed to it in
16    Section 10 of the Illinois Streetgang Terrorism Omnibus
17    Prevention Act.
18        (2) Prosecutors, probation officers, social workers,
19    or other individuals assigned by the court to conduct a
20    pre-adjudication or pre-disposition investigation, and
21    individuals responsible for supervising or providing
22    temporary or permanent care and custody for minors pursuant
23    to the order of the juvenile court, when essential to
24    performing their responsibilities.
25        (3) Prosecutors and probation officers:
26            (a) in the course of a trial when institution of

 

 

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1        criminal proceedings has been permitted or required
2        under Section 5-805; or
3            (b) when institution of criminal proceedings has
4        been permitted or required under Section 5-805 and such
5        minor is the subject of a proceeding to determine the
6        amount of bail; or
7            (c) when criminal proceedings have been permitted
8        or required under Section 5-805 and such minor is the
9        subject of a pre-trial investigation, pre-sentence
10        investigation, fitness hearing, or proceedings on an
11        application for probation.
12        (4) Adult and Juvenile Prisoner Review Board.
13        (5) Authorized military personnel.
14        (6) Persons engaged in bona fide research, with the
15    permission of the Presiding Judge of the Juvenile Court and
16    the chief executive of the respective law enforcement
17    agency; provided that publication of such research results
18    in no disclosure of a minor's identity and protects the
19    confidentiality of the minor's record.
20        (7) Department of Children and Family Services child
21    protection investigators acting in their official
22    capacity.
23        (8) The appropriate school official. Inspection and
24    copying shall be limited to law enforcement records
25    transmitted to the appropriate school official by a local
26    law enforcement agency under a reciprocal reporting system

 

 

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1    established and maintained between the school district and
2    the local law enforcement agency under Section 10-20.14 of
3    the School Code concerning a minor enrolled in a school
4    within the school district who has been arrested or taken
5    into custody for any of the following offenses:
6            (i) unlawful use of weapons under Section 24-1 of
7        the Criminal Code of 1961;
8            (ii) a violation of the Illinois Controlled
9        Substances Act;
10            (iii) a violation of the Cannabis Control Act;
11            (iv) a forcible felony as defined in Section 2-8 of
12        the Criminal Code of 1961; or
13            (v) a violation of the Methamphetamine Control and
14        Community Protection Act.
15        (9) Mental health professionals on behalf of the
16    Illinois Department of Corrections or the Department of
17    Human Services or prosecutors who are evaluating,
18    prosecuting, or investigating a potential or actual
19    petition brought under the Sexually Violent Persons
20    Commitment Act relating to a person who is the subject of
21    juvenile law enforcement records or the respondent to a
22    petition brought under the Sexually Violent Persons
23    Commitment Act who is the subject of the juvenile law
24    enforcement records sought. Any records and any
25    information obtained from those records under this
26    paragraph (9) may be used only in sexually violent persons

 

 

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

 

 

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1    the Criminal Code of 1961, or a Class 2 or greater felony
2    under the Cannabis Control Act, the Illinois Controlled
3    Substances Act, the Methamphetamine Control and Community
4    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
5    pursuant to Section 5 of the Criminal Identification Act.
6    Information reported to the Department pursuant to this
7    Section may be maintained with records that the Department
8    files pursuant to Section 2.1 of the Criminal
9    Identification Act. Nothing in this Act prohibits a law
10    enforcement agency from fingerprinting a minor taken into
11    custody or arrested before his or her 17th birthday for an
12    offense other than those listed in this paragraph (2).
13    (C) The records of law enforcement officers, or of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, concerning all minors under 17
17years of age must be maintained separate from the records of
18arrests and may not be open to public inspection or their
19contents disclosed to the public except by order of the court
20presiding over matters pursuant to this Act or when the
21institution of criminal proceedings has been permitted or
22required under Section 5-805 or such a person has been
23convicted of a crime and is the subject of pre-sentence
24investigation or proceedings on an application for probation or
25when provided by law. For purposes of obtaining documents
26pursuant to this Section, a civil subpoena is not an order of

 

 

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1the court.
2        (1) In cases where the law enforcement, or independent
3    agency, records concern a pending juvenile court case, the
4    party seeking to inspect the records shall provide actual
5    notice to the attorney or guardian ad litem of the minor
6    whose records are sought.
7        (2) In cases where the records concern a juvenile court
8    case that is no longer pending, the party seeking to
9    inspect the records shall provide actual notice to the
10    minor or the minor's parent or legal guardian, and the
11    matter shall be referred to the chief judge presiding over
12    matters pursuant to this Act.
13        (3) In determining whether the records should be
14    available for inspection, the court shall consider the
15    minor's interest in confidentiality and rehabilitation
16    over the moving party's interest in obtaining the
17    information. Any records obtained in violation of this
18    subsection (C) shall not be admissible in any criminal or
19    civil proceeding, or operate to disqualify a minor from
20    subsequently holding public office or securing employment,
21    or operate as a forfeiture of any public benefit, right,
22    privilege, or right to receive any license granted by
23    public authority.
24    (D) Nothing contained in subsection (C) of this Section
25shall prohibit the inspection or disclosure to victims and
26witnesses of photographs contained in the records of law

 

 

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1enforcement agencies when the inspection and disclosure is
2conducted in the presence of a law enforcement officer for the
3purpose of the identification or apprehension of any person
4subject to the provisions of this Act or for the investigation
5or prosecution of any crime.
6    (E) Law enforcement officers, and personnel 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, may not disclose the identity of
10any minor in releasing information to the general public as to
11the arrest, investigation or disposition of any case involving
12a minor.
13    (F) Nothing contained in this Section shall prohibit law
14enforcement agencies from communicating with each other by
15letter, memorandum, teletype or intelligence alert bulletin or
16other means the identity or other relevant information
17pertaining to a person under 17 years of age if there are
18reasonable grounds to believe that the person poses a real and
19present danger to the safety of the public or law enforcement
20officers. The information provided under this subsection (F)
21shall remain confidential and shall not be publicly disclosed,
22except as otherwise allowed by law.
23    (G) Nothing in this Section shall prohibit the right of a
24Civil Service Commission or appointing authority of any state,
25county or municipality examining the character and fitness of
26an applicant for employment with a law enforcement agency,

 

 

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1correctional institution, or fire department from obtaining
2and examining the records of any law enforcement agency
3relating to any record of the applicant having been arrested or
4taken into custody before the applicant's 17th birthday.
5(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
6    (705 ILCS 405/5-905)
7    Sec. 5-905. Law enforcement records.
8    (1) Law Enforcement Records. Inspection and copying of law
9enforcement records maintained by law enforcement agencies
10that relate to a minor who has been arrested or taken into
11custody before his or her 17th birthday shall be restricted to
12the following and when necessary for the discharge of their
13official duties:
14        (a) A judge of the circuit court and members of the
15    staff of the court designated by the judge;
16        (b) Law enforcement officers, probation officers or
17    prosecutors or their staff, or, when necessary for the
18    discharge of its official duties in connection with a
19    particular investigation of the conduct of a law
20    enforcement officer, an independent agency or its staff
21    created by ordinance and charged by a unit of local
22    government with the duty of investigating the conduct of
23    law enforcement officers;
24        (c) The minor, the minor's parents or legal guardian
25    and their attorneys, but only when the juvenile has been

 

 

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1    charged with an offense;
2        (d) Adult and Juvenile Prisoner Review Boards;
3        (e) Authorized military personnel;
4        (f) Persons engaged in bona fide research, with the
5    permission of the judge of juvenile court and the chief
6    executive of the agency that prepared the particular
7    recording: provided that publication of such research
8    results in no disclosure of a minor's identity and protects
9    the confidentiality of the record;
10        (g) Individuals responsible for supervising or
11    providing temporary or permanent care and custody of minors
12    pursuant to orders of the juvenile court or directives from
13    officials of the Department of Children and Family Services
14    or the Department of Human Services who certify in writing
15    that the information will not be disclosed to any other
16    party except as provided under law or order of court;
17        (h) The appropriate school official. Inspection and
18    copying shall be limited to law enforcement records
19    transmitted to the appropriate school official by a local
20    law enforcement agency under a reciprocal reporting system
21    established and maintained between the school district and
22    the local law enforcement agency under Section 10-20.14 of
23    the School Code concerning a minor enrolled in a school
24    within the school district who has been arrested for any
25    offense classified as a felony or a Class A or B
26    misdemeanor.

 

 

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1        (i) The president of a park district. Inspection and
2    copying shall be limited to law enforcement records
3    transmitted to the president of the park district by the
4    Illinois State Police under Section 8-23 of the Park
5    District Code concerning a person who is seeking employment
6    with that park district and who has been adjudicated a
7    juvenile delinquent for any of the offenses listed in
8    subsection (c) of Section 8-23 of the Park District Code.
9    (2) Information identifying victims and alleged victims of
10sex offenses, shall not be disclosed or open to public
11inspection under any circumstances. Nothing in this Section
12shall prohibit the victim or alleged victim of any sex offense
13from voluntarily disclosing his or her identity.
14    (2.5) If the minor is a victim of aggravated battery,
15battery, attempted first degree murder, or other non-sexual
16violent offense, the identity of the victim may be disclosed to
17appropriate school officials, for the purpose of preventing
18foreseeable future violence involving minors, by a local law
19enforcement agency pursuant to an agreement established
20between the school district and a local law enforcement agency
21subject to the approval by the presiding judge of the juvenile
22court.
23    (3) Relevant information, reports and records shall be made
24available to the Department of Juvenile Justice when a juvenile
25offender has been placed in the custody of the Department of
26Juvenile Justice.

 

 

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1    (4) Nothing in this Section shall prohibit the inspection
2or disclosure to victims and witnesses of photographs contained
3in the records of law enforcement agencies when the inspection
4or disclosure is conducted in the presence of a law enforcement
5officer for purposes of identification or apprehension of any
6person in the course of any criminal investigation or
7prosecution.
8    (5) The records of law enforcement officers, or of an
9independent agency created by ordinance and charged by a unit
10of local government with the duty of investigating the conduct
11of law enforcement officers, concerning all minors under 17
12years of age must be maintained separate from the records of
13adults and may not be open to public inspection or their
14contents disclosed to the public except by order of the court
15or when the institution of criminal proceedings has been
16permitted under Section 5-130 or 5-805 or required under
17Section 5-130 or 5-805 or such a person has been convicted of a
18crime and is the subject of pre-sentence investigation or when
19provided by law.
20    (6) Except as otherwise provided in this subsection (6),
21law enforcement officers, and personnel of an independent
22agency created by ordinance and charged by a unit of local
23government with the duty of investigating the conduct of law
24enforcement officers, may not disclose the identity of any
25minor in releasing information to the general public as to the
26arrest, investigation or disposition of any case involving a

 

 

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1minor. Any victim or parent or legal guardian of a victim may
2petition the court to disclose the name and address of the
3minor and the minor's parents or legal guardian, or both. Upon
4a finding by clear and convincing evidence that the disclosure
5is either necessary for the victim to pursue a civil remedy
6against the minor or the minor's parents or legal guardian, or
7both, or to protect the victim's person or property from the
8minor, then the court may order the disclosure of the
9information to the victim or to the parent or legal guardian of
10the victim only for the purpose of the victim pursuing a civil
11remedy against the minor or the minor's parents or legal
12guardian, or both, or to protect the victim's person or
13property from the minor.
14    (7) Nothing contained in this Section shall prohibit law
15enforcement agencies when acting in their official capacity
16from communicating with each other by letter, memorandum,
17teletype or intelligence alert bulletin or other means the
18identity or other relevant information pertaining to a person
19under 17 years of age. The information provided under this
20subsection (7) shall remain confidential and shall not be
21publicly disclosed, except as otherwise allowed by law.
22    (8) No person shall disclose information under this Section
23except when acting in his or her official capacity and as
24provided by law or order of court.
25(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".