[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 001 ] |
90_SB0363ren
705 ILCS 405/1-1 from Ch. 37, par. 801-1
Amends the Juvenile Court Act of 1987 to make a technical
change to the short title provision.
LRB9002769NTsb
SB363 Re-enrolled LRB9002769NTsb
1 AN ACT in relation to juveniles, which may be referred to
2 as the Juvenile Justice Reform Provisions of 1998.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1001. JUVENILE RECORDS
6 Section 1001-5. The Children and Family Services Act is
7 amended by changing Section 35.1 as follows:
8 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
9 Sec. 35.1. The case and clinical records of patients in
10 Department supervised facilities, wards of the Department,
11 children receiving or applying for child welfare services,
12 persons receiving or applying for other services of the
13 Department, and Department reports of injury or abuse to
14 children shall not be open to the general public. Such case
15 and clinical records and reports or the information contained
16 therein shall be disclosed by the Director of the Department
17 to juvenile authorities when necessary for the discharge of
18 their official duties who request information concerning the
19 minor and who certify in writing that the information will
20 not be disclosed to any other party except as provided under
21 law or order of court. For purposes of this Section,
22 "juvenile authorities" means: (i) a judge of the circuit
23 court and members of the staff of the court designated by the
24 judge; (ii) parties to the proceedings under the Juvenile
25 Court Act of 1987 and their attorneys; (iii) probation
26 officers and court appointed advocates for the juvenile
27 authorized by the judge hearing the case; (iv) any
28 individual, public or private agency having custody of the
29 child pursuant to court order; (v) any individual, public or
30 private agency providing education, medical or mental health
SB363 Re-enrolled -2- LRB9002769NTsb
1 service to the child when the requested information is needed
2 to determine the appropriate service or treatment for the
3 minor; (vi) any potential placement provider when such
4 release is authorized by the court for the limited purpose of
5 determining the appropriateness of the potential placement;
6 (vii) law enforcement officers and prosecutors; (viii) adult
7 and juvenile prisoner review boards; (ix) authorized military
8 personnel; (x) only to proper law enforcement officials,
9 individuals authorized by court; (xi), the Illinois General
10 Assembly or any committee or commission thereof, and to such
11 other persons and for such reasons as the Director shall
12 designate by rule or regulation. This Section does not apply
13 to the Department's fiscal records, other records of a purely
14 administrative nature, or any forms, documents or other
15 records required of facilities subject to licensure by the
16 Department except as may otherwise be provided under the
17 Child Care Act of 1969.
18 Nothing contained in this Act prevents the sharing or
19 disclosure of information or records relating or pertaining
20 to juveniles subject to the provisions of the Serious
21 Habitual Offender Comprehensive Action Program when that
22 information is used to assist in the early identification and
23 treatment of habitual juvenile offenders.
24 Nothing contained in this Act prevents the sharing or
25 disclosure of information or records relating or pertaining
26 to the death of a minor under the care of or receiving
27 services from the Department and under the jurisdiction of
28 the juvenile court with the juvenile court, the State's
29 Attorney, and the minor's attorney.
30 Nothing contained in this Section prohibits or prevents
31 any individual dealing with or providing services to a minor
32 from sharing information with another individual dealing with
33 or providing services to a minor for the purpose of
34 coordinating efforts on behalf of the minor. The sharing of
SB363 Re-enrolled -3- LRB9002769NTsb
1 such information is only for the purpose stated herein and is
2 to be consistent with the intent and purpose of the
3 confidentiality provisions of the Juvenile Court Act of 1987.
4 This provision does not abrogate any recognized privilege.
5 Sharing information does not include copying of records,
6 reports or case files unless authorized herein.
7 (Source: P.A. 90-15, eff. 6-13-97.)
8 Section 1001-10. The Civil Administrative Code of
9 Illinois is amended by changing Section 55a as follows:
10 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
11 (Text of Section before amendment by P.A. 90-372)
12 Sec. 55a. Powers and duties.
13 (A) The Department of State Police shall have the
14 following powers and duties, and those set forth in Sections
15 55a-1 through 55c:
16 1. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Act.
19 2. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Radio Act.
22 3. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the
24 Criminal Identification Act.
25 4. To (a) investigate the origins, activities, personnel
26 and incidents of crime and the ways and means to redress the
27 victims of crimes, and study the impact, if any, of
28 legislation relative to the effusion of crime and growing
29 crime rates, and enforce the criminal laws of this State
30 related thereto, (b) enforce all laws regulating the
31 production, sale, prescribing, manufacturing, administering,
32 transporting, having in possession, dispensing, delivering,
SB363 Re-enrolled -4- LRB9002769NTsb
1 distributing, or use of controlled substances and cannabis,
2 (c) employ skilled experts, scientists, technicians,
3 investigators or otherwise specially qualified persons to aid
4 in preventing or detecting crime, apprehending criminals, or
5 preparing and presenting evidence of violations of the
6 criminal laws of the State, (d) cooperate with the police of
7 cities, villages and incorporated towns, and with the police
8 officers of any county, in enforcing the laws of the State
9 and in making arrests and recovering property, (e) apprehend
10 and deliver up any person charged in this State or any other
11 State of the United States with treason, felony, or other
12 crime, who has fled from justice and is found in this State,
13 and (f) conduct such other investigations as may be provided
14 by law. Persons exercising these powers within the Department
15 are conservators of the peace and as such have all the powers
16 possessed by policemen in cities and sheriffs, except that
17 they may exercise such powers anywhere in the State in
18 cooperation with and after contact with the local law
19 enforcement officials. Such persons may use false or
20 fictitious names in the performance of their duties under
21 this paragraph, upon approval of the Director, and shall not
22 be subject to prosecution under the criminal laws for such
23 use.
24 5. To: (a) be a central repository and custodian of
25 criminal statistics for the State, (b) be a central
26 repository for criminal history record information, (c)
27 procure and file for record such information as is necessary
28 and helpful to plan programs of crime prevention, law
29 enforcement and criminal justice, (d) procure and file for
30 record such copies of fingerprints, as may be required by
31 law, (e) establish general and field crime laboratories, (f)
32 register and file for record such information as may be
33 required by law for the issuance of firearm owner's
34 identification cards, (g) employ polygraph operators,
SB363 Re-enrolled -5- LRB9002769NTsb
1 laboratory technicians and other specially qualified persons
2 to aid in the identification of criminal activity, and (h)
3 undertake such other identification, information, laboratory,
4 statistical or registration activities as may be required by
5 law.
6 6. To (a) acquire and operate one or more radio
7 broadcasting stations in the State to be used for police
8 purposes, (b) operate a statewide communications network to
9 gather and disseminate information for law enforcement
10 agencies, (c) operate an electronic data processing and
11 computer center for the storage and retrieval of data
12 pertaining to criminal activity, and (d) undertake such other
13 communication activities as may be required by law.
14 7. To provide, as may be required by law, assistance to
15 local law enforcement agencies through (a) training,
16 management and consultant services for local law enforcement
17 agencies, and (b) the pursuit of research and the publication
18 of studies pertaining to local law enforcement activities.
19 8. To exercise the rights, powers and duties which have
20 been vested in the Department of State Police and the
21 Director of the Department of State Police by the Narcotic
22 Control Division Abolition Act.
23 9. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the
25 Illinois Vehicle Code.
26 10. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the Firearm
28 Owners Identification Card Act.
29 11. To enforce and administer such other laws in
30 relation to law enforcement as may be vested in the
31 Department.
32 12. To transfer jurisdiction of any realty title to
33 which is held by the State of Illinois under the control of
34 the Department to any other department of the State
SB363 Re-enrolled -6- LRB9002769NTsb
1 government or to the State Employees Housing Commission, or
2 to acquire or accept Federal land, when such transfer,
3 acquisition or acceptance is advantageous to the State and is
4 approved in writing by the Governor.
5 13. With the written approval of the Governor, to enter
6 into agreements with other departments created by this Act,
7 for the furlough of inmates of the penitentiary to such other
8 departments for their use in research programs being
9 conducted by them.
10 For the purpose of participating in such research
11 projects, the Department may extend the limits of any
12 inmate's place of confinement, when there is reasonable cause
13 to believe that the inmate will honor his or her trust by
14 authorizing the inmate, under prescribed conditions, to leave
15 the confines of the place unaccompanied by a custodial agent
16 of the Department. The Department shall make rules governing
17 the transfer of the inmate to the requesting other department
18 having the approved research project, and the return of such
19 inmate to the unextended confines of the penitentiary. Such
20 transfer shall be made only with the consent of the inmate.
21 The willful failure of a prisoner to remain within the
22 extended limits of his or her confinement or to return within
23 the time or manner prescribed to the place of confinement
24 designated by the Department in granting such extension shall
25 be deemed an escape from custody of the Department and
26 punishable as provided in Section 3-6-4 of the Unified Code
27 of Corrections.
28 14. To provide investigative services, with all of the
29 powers possessed by policemen in cities and sheriffs, in and
30 around all race tracks subject to the Horse Racing Act of
31 1975.
32 15. To expend such sums as the Director deems necessary
33 from Contractual Services appropriations for the Division of
34 Criminal Investigation for the purchase of evidence and for
SB363 Re-enrolled -7- LRB9002769NTsb
1 the employment of persons to obtain evidence. Such sums shall
2 be advanced to agents authorized by the Director to expend
3 funds, on vouchers signed by the Director.
4 16. To assist victims and witnesses in gang crime
5 prosecutions through the administration of funds appropriated
6 from the Gang Violence Victims and Witnesses Fund to the
7 Department. Such funds shall be appropriated to the
8 Department and shall only be used to assist victims and
9 witnesses in gang crime prosecutions and such assistance may
10 include any of the following:
11 (a) temporary living costs;
12 (b) moving expenses;
13 (c) closing costs on the sale of private residence;
14 (d) first month's rent;
15 (e) security deposits;
16 (f) apartment location assistance;
17 (g) other expenses which the Department considers
18 appropriate; and
19 (h) compensation for any loss of or injury to real
20 or personal property resulting from a gang crime to a
21 maximum of $5,000, subject to the following provisions:
22 (1) in the case of loss of property, the
23 amount of compensation shall be measured by the
24 replacement cost of similar or like property which
25 has been incurred by and which is substantiated by
26 the property owner,
27 (2) in the case of injury to property, the
28 amount of compensation shall be measured by the cost
29 of repair incurred and which can be substantiated by
30 the property owner,
31 (3) compensation under this provision is a
32 secondary source of compensation and shall be
33 reduced by any amount the property owner receives
34 from any other source as compensation for the loss
SB363 Re-enrolled -8- LRB9002769NTsb
1 or injury, including, but not limited to, personal
2 insurance coverage,
3 (4) no compensation may be awarded if the
4 property owner was an offender or an accomplice of
5 the offender, or if the award would unjustly benefit
6 the offender or offenders, or an accomplice of the
7 offender or offenders.
8 No victim or witness may receive such assistance if he or
9 she is not a part of or fails to fully cooperate in the
10 prosecution of gang crime members by law enforcement
11 authorities.
12 The Department shall promulgate any rules necessary for
13 the implementation of this amendatory Act of 1985.
14 17. To conduct arson investigations.
15 18. To develop a separate statewide statistical police
16 contact record keeping system for the study of juvenile
17 delinquency. The records of this police contact system shall
18 be limited to statistical information. No individually
19 identifiable information shall be maintained in the police
20 contact statistical record system.
21 19. To develop a separate statewide central adjudicatory
22 and dispositional records system for persons under 19 years
23 of age who have been adjudicated delinquent minors and to
24 make information available to local registered participating
25 juvenile police youth officers so that juvenile police youth
26 officers will be able to obtain rapid access to the
27 juvenile's background from other jurisdictions to the end
28 that the juvenile police youth officers can make appropriate
29 dispositions which will best serve the interest of the child
30 and the community. Information maintained in the
31 adjudicatory and dispositional record system shall be limited
32 to the incidents or offenses for which the minor was
33 adjudicated delinquent by a court, and a copy of the court's
34 dispositional order. All individually identifiable records
SB363 Re-enrolled -9- LRB9002769NTsb
1 in the adjudicatory and dispositional records system shall be
2 destroyed when the person reaches 19 years of age.
3 20. To develop rules which guarantee the confidentiality
4 of such individually identifiable adjudicatory and
5 dispositional records except when used for the following:
6 (a) by authorized juvenile court personnel or the
7 State's Attorney in connection with proceedings under the
8 Juvenile Court Act of 1987; or
9 (b) inquiries from registered juvenile police youth
10 officers.
11 For the purposes of this Act "juvenile police youth
12 officer" means a member of a duly organized State, county or
13 municipal police force who is assigned by his or her
14 Superintendent, Sheriff or chief of police, as the case may
15 be, to specialize in youth problems.
16 21. To develop administrative rules and administrative
17 hearing procedures which allow a minor, his or her attorney,
18 and his or her parents or guardian access to individually
19 identifiable adjudicatory and dispositional records for the
20 purpose of determining or challenging the accuracy of the
21 records. Final administrative decisions shall be subject to
22 the provisions of the Administrative Review Law.
23 22. To charge, collect, and receive fees or moneys
24 equivalent to the cost of providing Department of State
25 Police personnel, equipment, and services to local
26 governmental agencies when explicitly requested by a local
27 governmental agency and pursuant to an intergovernmental
28 agreement as provided by this Section, other State agencies,
29 and federal agencies, including but not limited to fees or
30 moneys equivalent to the cost of providing dispatching
31 services, radio and radar repair, and training to local
32 governmental agencies on such terms and conditions as in the
33 judgment of the Director are in the best interest of the
34 State; and to establish, charge, collect and receive fees or
SB363 Re-enrolled -10- LRB9002769NTsb
1 moneys based on the cost of providing responses to requests
2 for criminal history record information pursuant to positive
3 identification and any Illinois or federal law authorizing
4 access to some aspect of such information and to prescribe
5 the form and manner for requesting and furnishing such
6 information to the requestor on such terms and conditions as
7 in the judgment of the Director are in the best interest of
8 the State, provided fees for requesting and furnishing
9 criminal history record information may be waived for
10 requests in the due administration of the criminal laws. The
11 Department may also charge, collect and receive fees or
12 moneys equivalent to the cost of providing electronic data
13 processing lines or related telecommunication services to
14 local governments, but only when such services can be
15 provided by the Department at a cost less than that
16 experienced by said local governments through other means.
17 All services provided by the Department shall be conducted
18 pursuant to contracts in accordance with the
19 Intergovernmental Cooperation Act, and all telecommunication
20 services shall be provided pursuant to the provisions of
21 Section 67.18 of this Code.
22 All fees received by the Department of State Police under
23 this Act or the Illinois Uniform Conviction Information Act
24 shall be deposited in a special fund in the State Treasury to
25 be known as the State Police Services Fund. The money
26 deposited in the State Police Services Fund shall be
27 appropriated to the Department of State Police for expenses
28 of the Department of State Police.
29 In addition to any other permitted use of moneys in the
30 Fund, and notwithstanding any restriction on the use of the
31 Fund, moneys in the State Police Services Fund may be
32 transferred to the General Revenue Fund as authorized by this
33 amendatory Act of 1992. The General Assembly finds that an
34 excess of moneys exists in the Fund. On February 1, 1992,
SB363 Re-enrolled -11- LRB9002769NTsb
1 the Comptroller shall order transferred and the Treasurer
2 shall transfer $500,000 (or such lesser amount as may be on
3 deposit in the Fund and unexpended and unobligated on that
4 date) from the Fund to the General Revenue Fund.
5 Upon the completion of any audit of the Department of
6 State Police as prescribed by the Illinois State Auditing
7 Act, which audit includes an audit of the State Police
8 Services Fund, the Department of State Police shall make the
9 audit open to inspection by any interested person.
10 23. To exercise the powers and perform the duties which
11 have been vested in the Department of State Police by the
12 Intergovernmental Missing Child Recovery Act of 1984, and to
13 establish reasonable rules and regulations necessitated
14 thereby.
15 24. (a) To establish and maintain a statewide Law
16 Enforcement Agencies Data System (LEADS) for the purpose of
17 providing electronic access by authorized entities to
18 criminal justice data repositories and effecting an immediate
19 law enforcement response to reports of missing persons,
20 including lost, missing or runaway minors. The Department
21 shall implement an automatic data exchange system to compile,
22 to maintain and to make available to other law enforcement
23 agencies for immediate dissemination data which can assist
24 appropriate agencies in recovering missing persons and
25 provide access by authorized entities to various data
26 repositories available through LEADS for criminal justice and
27 related purposes. To help assist the Department in this
28 effort, funds may be appropriated from the LEADS Maintenance
29 Fund.
30 (b) In exercising its duties under this subsection, the
31 Department shall:
32 (1) provide a uniform reporting format for the
33 entry of pertinent information regarding the report of a
34 missing person into LEADS;
SB363 Re-enrolled -12- LRB9002769NTsb
1 (2) develop and implement a policy whereby a
2 statewide or regional alert would be used in situations
3 relating to the disappearances of individuals, based on
4 criteria and in a format established by the Department.
5 Such a format shall include, but not be limited to, the
6 age of the missing person and the suspected circumstance
7 of the disappearance;
8 (3) notify all law enforcement agencies that
9 reports of missing persons shall be entered as soon as
10 the minimum level of data specified by the Department is
11 available to the reporting agency, and that no waiting
12 period for the entry of such data exists;
13 (4) compile and retain information regarding lost,
14 abducted, missing or runaway minors in a separate data
15 file, in a manner that allows such information to be used
16 by law enforcement and other agencies deemed appropriate
17 by the Director, for investigative purposes. Such
18 information shall include the disposition of all reported
19 lost, abducted, missing or runaway minor cases;
20 (5) compile and maintain an historic data
21 repository relating to lost, abducted, missing or runaway
22 minors and other missing persons in order to develop and
23 improve techniques utilized by law enforcement agencies
24 when responding to reports of missing persons; and
25 (6) create a quality control program regarding
26 confirmation of missing person data, timeliness of
27 entries of missing person reports into LEADS and
28 performance audits of all entering agencies.
29 25. On request of a school board or regional
30 superintendent of schools, to conduct an inquiry pursuant to
31 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
32 an applicant for employment in a school district has been
33 convicted of any criminal or drug offenses enumerated in
34 Section 10-21.9 or 34-18.5 of the School Code. The
SB363 Re-enrolled -13- LRB9002769NTsb
1 Department shall furnish such conviction information to the
2 President of the school board of the school district which
3 has requested the information, or if the information was
4 requested by the regional superintendent to that regional
5 superintendent.
6 26. To promulgate rules and regulations necessary for
7 the administration and enforcement of its powers and duties,
8 wherever granted and imposed, pursuant to the Illinois
9 Administrative Procedure Act.
10 27. To (a) promulgate rules pertaining to the
11 certification, revocation of certification and training of
12 law enforcement officers as electronic criminal surveillance
13 officers, (b) provide training and technical assistance to
14 State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications, (c) promulgate rules necessary for the
17 administration of Article 108B of the Code of Criminal
18 Procedure of 1963, including but not limited to standards for
19 recording and minimization of electronic criminal
20 surveillance intercepts, documentation required to be
21 maintained during an intercept, procedures in relation to
22 evidence developed by an intercept, and (d) charge a
23 reasonable fee to each law enforcement agency that sends
24 officers to receive training as electronic criminal
25 surveillance officers.
26 28. Upon the request of any private organization which
27 devotes a major portion of its time to the provision of
28 recreational, social, educational or child safety services to
29 children, to conduct, pursuant to positive identification,
30 criminal background investigations of all of that
31 organization's current employees, current volunteers,
32 prospective employees or prospective volunteers charged with
33 the care and custody of children during the provision of the
34 organization's services, and to report to the requesting
SB363 Re-enrolled -14- LRB9002769NTsb
1 organization any record of convictions maintained in the
2 Department's files about such persons. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection. Information received by the organization from the
9 Department concerning an individual shall be provided to such
10 individual. Any such information obtained by the
11 organization shall be confidential and may not be transmitted
12 outside the organization and may not be transmitted to anyone
13 within the organization except as needed for the purpose of
14 evaluating the individual. Only information and standards
15 which bear a reasonable and rational relation to the
16 performance of child care shall be used by the organization.
17 Any employee of the Department or any member, employee or
18 volunteer of the organization receiving confidential
19 information under this subsection who gives or causes to be
20 given any confidential information concerning any criminal
21 convictions of an individual shall be guilty of a Class A
22 misdemeanor unless release of such information is authorized
23 by this subsection.
24 29. Upon the request of the Department of Children and
25 Family Services, to investigate reports of child abuse or
26 neglect.
27 30. To obtain registration of a fictitious vital record
28 pursuant to Section 15.1 of the Vital Records Act.
29 31. To collect and disseminate information relating to
30 "hate crimes" as defined under Section 12-7.1 of the Criminal
31 Code of 1961 contingent upon the availability of State or
32 Federal funds to revise and upgrade the Illinois Uniform
33 Crime Reporting System. All law enforcement agencies shall
34 report monthly to the Department of State Police concerning
SB363 Re-enrolled -15- LRB9002769NTsb
1 such offenses in such form and in such manner as may be
2 prescribed by rules and regulations adopted by the Department
3 of State Police. Such information shall be compiled by the
4 Department and be disseminated upon request to any local law
5 enforcement agency, unit of local government, or state
6 agency. Dissemination of such information shall be subject
7 to all confidentiality requirements otherwise imposed by law.
8 The Department of State Police shall provide training for
9 State Police officers in identifying, responding to, and
10 reporting all hate crimes. The Illinois Local Governmental
11 Law Enforcement Officer's Training Board shall develop and
12 certify a course of such training to be made available to
13 local law enforcement officers.
14 32. Upon the request of a private carrier company that
15 provides transportation under Section 28b of the Metropolitan
16 Transit Authority Act, to ascertain if an applicant for a
17 driver position has been convicted of any criminal or drug
18 offense enumerated in Section 28b of the Metropolitan Transit
19 Authority Act. The Department shall furnish the conviction
20 information to the private carrier company that requested the
21 information.
22 33. To apply for grants or contracts, receive, expend,
23 allocate, or disburse funds and moneys made available by
24 public or private entities, including, but not limited to,
25 contracts, bequests, grants, or receiving equipment from
26 corporations, foundations, or public or private institutions
27 of higher learning. All funds received by the Department
28 from these sources shall be deposited into the appropriate
29 fund in the State Treasury to be appropriated to the
30 Department for purposes as indicated by the grantor or
31 contractor or, in the case of funds or moneys bequeathed or
32 granted for no specific purpose, for any purpose as deemed
33 appropriate by the Director in administering the
34 responsibilities of the Department.
SB363 Re-enrolled -16- LRB9002769NTsb
1 34. Upon the request of the Department of Children and
2 Family Services, the Department of State Police shall provide
3 properly designated employees of the Department of Children
4 and Family Services with criminal history record information
5 as defined in the Illinois Uniform Conviction Information Act
6 and information maintained in the adjudicatory and
7 dispositional record system as defined in subdivision (A)19
8 of this Section if the Department of Children and Family
9 Services determines the information is necessary to perform
10 its duties under the Abused and Neglected Child Reporting
11 Act, the Child Care Act of 1969, and the Children and Family
12 Services Act. The request shall be in the form and manner
13 specified by the Department of State Police.
14 35. The Illinois Department of Public Aid is an
15 authorized entity under this Section for the purpose of
16 obtaining access to various data repositories available
17 through LEADS, to facilitate the location of individuals for
18 establishing paternity, and establishing, modifying, and
19 enforcing child support obligations, pursuant to the Public
20 Aid Code and Title IV, Section D of the Social Security Act.
21 The Department shall enter into an agreement with the
22 Illinois Department of Public Aid consistent with these
23 purposes.
24 (B) The Department of State Police may establish and
25 maintain, within the Department of State Police, a Statewide
26 Organized Criminal Gang Database (SWORD) for the purpose of
27 tracking organized criminal gangs and their memberships.
28 Information in the database may include, but not be limited
29 to, the name, last known address, birth date, physical
30 descriptions (such as scars, marks, or tattoos), officer
31 safety information, organized gang affiliation, and entering
32 agency identifier. The Department may develop, in
33 consultation with the Criminal Justice Information Authority,
34 and in a form and manner prescribed by the Department, an
SB363 Re-enrolled -17- LRB9002769NTsb
1 automated data exchange system to compile, to maintain, and
2 to make this information electronically available to
3 prosecutors and to other law enforcement agencies. The
4 information may be used by authorized agencies to combat the
5 operations of organized criminal gangs statewide.
6 (C) The Department of State Police may ascertain the
7 number of bilingual police officers and other personnel
8 needed to provide services in a language other than English
9 and may establish, under applicable personnel rules and
10 Department guidelines or through a collective bargaining
11 agreement, a bilingual pay supplement program.
12 35. The Illinois Department of Public Aid is an
13 authorized entity under this Section for the purpose of
14 obtaining access to various data repositories available
15 through LEADS, to facilitate the location of individuals for
16 establishing paternity, and establishing, modifying, and
17 enforcing child support obligations, pursuant to the Public
18 Aid Code and Title IV, Section D of the Social Security Act.
19 The Department shall enter into an agreement with the
20 Illinois Department of Public Aid consistent with these
21 purposes.
22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
23 90-130, eff. 1-1-98; revised 9-29-97.)
24 (Text of Section after amendment by P.A. 90-372)
25 Sec. 55a. Powers and duties.
26 (A) The Department of State Police shall have the
27 following powers and duties, and those set forth in Sections
28 55a-1 through 55c:
29 1. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the State
31 Police Act.
32 2. To exercise the rights, powers and duties which have
33 been vested in the Department of Public Safety by the State
34 Police Radio Act.
SB363 Re-enrolled -18- LRB9002769NTsb
1 3. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the
3 Criminal Identification Act.
4 4. To (a) investigate the origins, activities, personnel
5 and incidents of crime and the ways and means to redress the
6 victims of crimes, and study the impact, if any, of
7 legislation relative to the effusion of crime and growing
8 crime rates, and enforce the criminal laws of this State
9 related thereto, (b) enforce all laws regulating the
10 production, sale, prescribing, manufacturing, administering,
11 transporting, having in possession, dispensing, delivering,
12 distributing, or use of controlled substances and cannabis,
13 (c) employ skilled experts, scientists, technicians,
14 investigators or otherwise specially qualified persons to aid
15 in preventing or detecting crime, apprehending criminals, or
16 preparing and presenting evidence of violations of the
17 criminal laws of the State, (d) cooperate with the police of
18 cities, villages and incorporated towns, and with the police
19 officers of any county, in enforcing the laws of the State
20 and in making arrests and recovering property, (e) apprehend
21 and deliver up any person charged in this State or any other
22 State of the United States with treason, felony, or other
23 crime, who has fled from justice and is found in this State,
24 and (f) conduct such other investigations as may be provided
25 by law. Persons exercising these powers within the Department
26 are conservators of the peace and as such have all the powers
27 possessed by policemen in cities and sheriffs, except that
28 they may exercise such powers anywhere in the State in
29 cooperation with and after contact with the local law
30 enforcement officials. Such persons may use false or
31 fictitious names in the performance of their duties under
32 this paragraph, upon approval of the Director, and shall not
33 be subject to prosecution under the criminal laws for such
34 use.
SB363 Re-enrolled -19- LRB9002769NTsb
1 5. To: (a) be a central repository and custodian of
2 criminal statistics for the State, (b) be a central
3 repository for criminal history record information, (c)
4 procure and file for record such information as is necessary
5 and helpful to plan programs of crime prevention, law
6 enforcement and criminal justice, (d) procure and file for
7 record such copies of fingerprints, as may be required by
8 law, (e) establish general and field crime laboratories, (f)
9 register and file for record such information as may be
10 required by law for the issuance of firearm owner's
11 identification cards, (g) employ polygraph operators,
12 laboratory technicians and other specially qualified persons
13 to aid in the identification of criminal activity, and (h)
14 undertake such other identification, information, laboratory,
15 statistical or registration activities as may be required by
16 law.
17 6. To (a) acquire and operate one or more radio
18 broadcasting stations in the State to be used for police
19 purposes, (b) operate a statewide communications network to
20 gather and disseminate information for law enforcement
21 agencies, (c) operate an electronic data processing and
22 computer center for the storage and retrieval of data
23 pertaining to criminal activity, and (d) undertake such other
24 communication activities as may be required by law.
25 7. To provide, as may be required by law, assistance to
26 local law enforcement agencies through (a) training,
27 management and consultant services for local law enforcement
28 agencies, and (b) the pursuit of research and the publication
29 of studies pertaining to local law enforcement activities.
30 8. To exercise the rights, powers and duties which have
31 been vested in the Department of State Police and the
32 Director of the Department of State Police by the Narcotic
33 Control Division Abolition Act.
34 9. To exercise the rights, powers and duties which have
SB363 Re-enrolled -20- LRB9002769NTsb
1 been vested in the Department of Public Safety by the
2 Illinois Vehicle Code.
3 10. To exercise the rights, powers and duties which have
4 been vested in the Department of Public Safety by the Firearm
5 Owners Identification Card Act.
6 11. To enforce and administer such other laws in
7 relation to law enforcement as may be vested in the
8 Department.
9 12. To transfer jurisdiction of any realty title to
10 which is held by the State of Illinois under the control of
11 the Department to any other department of the State
12 government or to the State Employees Housing Commission, or
13 to acquire or accept Federal land, when such transfer,
14 acquisition or acceptance is advantageous to the State and is
15 approved in writing by the Governor.
16 13. With the written approval of the Governor, to enter
17 into agreements with other departments created by this Act,
18 for the furlough of inmates of the penitentiary to such other
19 departments for their use in research programs being
20 conducted by them.
21 For the purpose of participating in such research
22 projects, the Department may extend the limits of any
23 inmate's place of confinement, when there is reasonable cause
24 to believe that the inmate will honor his or her trust by
25 authorizing the inmate, under prescribed conditions, to leave
26 the confines of the place unaccompanied by a custodial agent
27 of the Department. The Department shall make rules governing
28 the transfer of the inmate to the requesting other department
29 having the approved research project, and the return of such
30 inmate to the unextended confines of the penitentiary. Such
31 transfer shall be made only with the consent of the inmate.
32 The willful failure of a prisoner to remain within the
33 extended limits of his or her confinement or to return within
34 the time or manner prescribed to the place of confinement
SB363 Re-enrolled -21- LRB9002769NTsb
1 designated by the Department in granting such extension shall
2 be deemed an escape from custody of the Department and
3 punishable as provided in Section 3-6-4 of the Unified Code
4 of Corrections.
5 14. To provide investigative services, with all of the
6 powers possessed by policemen in cities and sheriffs, in and
7 around all race tracks subject to the Horse Racing Act of
8 1975.
9 15. To expend such sums as the Director deems necessary
10 from Contractual Services appropriations for the Division of
11 Criminal Investigation for the purchase of evidence and for
12 the employment of persons to obtain evidence. Such sums shall
13 be advanced to agents authorized by the Director to expend
14 funds, on vouchers signed by the Director.
15 16. To assist victims and witnesses in gang crime
16 prosecutions through the administration of funds appropriated
17 from the Gang Violence Victims and Witnesses Fund to the
18 Department. Such funds shall be appropriated to the
19 Department and shall only be used to assist victims and
20 witnesses in gang crime prosecutions and such assistance may
21 include any of the following:
22 (a) temporary living costs;
23 (b) moving expenses;
24 (c) closing costs on the sale of private residence;
25 (d) first month's rent;
26 (e) security deposits;
27 (f) apartment location assistance;
28 (g) other expenses which the Department considers
29 appropriate; and
30 (h) compensation for any loss of or injury to real
31 or personal property resulting from a gang crime to a
32 maximum of $5,000, subject to the following provisions:
33 (1) in the case of loss of property, the
34 amount of compensation shall be measured by the
SB363 Re-enrolled -22- LRB9002769NTsb
1 replacement cost of similar or like property which
2 has been incurred by and which is substantiated by
3 the property owner,
4 (2) in the case of injury to property, the
5 amount of compensation shall be measured by the cost
6 of repair incurred and which can be substantiated by
7 the property owner,
8 (3) compensation under this provision is a
9 secondary source of compensation and shall be
10 reduced by any amount the property owner receives
11 from any other source as compensation for the loss
12 or injury, including, but not limited to, personal
13 insurance coverage,
14 (4) no compensation may be awarded if the
15 property owner was an offender or an accomplice of
16 the offender, or if the award would unjustly benefit
17 the offender or offenders, or an accomplice of the
18 offender or offenders.
19 No victim or witness may receive such assistance if he or
20 she is not a part of or fails to fully cooperate in the
21 prosecution of gang crime members by law enforcement
22 authorities.
23 The Department shall promulgate any rules necessary for
24 the implementation of this amendatory Act of 1985.
25 17. To conduct arson investigations.
26 18. To develop a separate statewide statistical police
27 contact record keeping system for the study of juvenile
28 delinquency. The records of this police contact system shall
29 be limited to statistical information. No individually
30 identifiable information shall be maintained in the police
31 contact statistical record system.
32 19. To develop a separate statewide central juvenile
33 adjudicatory and dispositional records system for persons
34 arrested prior to the age of 17 under Section 5-401 of the
SB363 Re-enrolled -23- LRB9002769NTsb
1 Juvenile Court Act of 1987 or under 19 years of age who have
2 been adjudicated delinquent minors and to make information
3 available to local law enforcement registered participating
4 police youth officers so that law enforcement police youth
5 officers will be able to obtain rapid access to the
6 background of the minor juvenile's background from other
7 jurisdictions to the end that the juvenile police youth
8 officers can make appropriate decisions dispositions which
9 will best serve the interest of the child and the community.
10 The Department shall submit a quarterly report to the General
11 Assembly and Governor which shall contain the number of
12 juvenile records that the Department has received in that
13 quarter, a list, by category, of offenses that minors were
14 arrested for or convicted of by age, race and gender.
15 Information maintained in the adjudicatory and dispositional
16 record system shall be limited to the incidents or offenses
17 for which the minor was adjudicated delinquent by a court,
18 and a copy of the court's dispositional order. All
19 individually identifiable records in the adjudicatory and
20 dispositional records system shall be destroyed when the
21 person reaches 19 years of age.
22 20. To develop rules which guarantee the confidentiality
23 of such individually identifiable juvenile adjudicatory and
24 dispositional records except to juvenile authorities who
25 request information concerning the minor and who certify in
26 writing that the information will not be disclosed to any
27 other party except as provided under law or order of court.
28 For purposes of this Section, "juvenile authorities" means:
29 (i) a judge of the circuit court and members of the staff of
30 the court designated by the judge; (ii) parties to the
31 proceedings under the Juvenile Court Act of 1987 and their
32 attorneys; (iii) probation officers and court appointed
33 advocates for the juvenile authorized by the judge hearing
34 the case; (iv) any individual, public of private agency
SB363 Re-enrolled -24- LRB9002769NTsb
1 having custody of the child pursuant to court order; (v) any
2 individual, public or private agency providing education,
3 medical or mental health service to the child when the
4 requested information is needed to determine the appropriate
5 service or treatment for the minor; (vi) any potential
6 placement provider when such release is authorized by the
7 court for the limited purpose of determining the
8 appropriateness of the potential placement; (vii) law
9 enforcement officers and prosecutors; (viii) adult and
10 juvenile prisoner review boards; (ix) authorized military
11 personnel; (x) individuals authorized by court; (xi) the
12 Illinois General Assembly or any committee or commission
13 thereof. when used for the following:
14 (a) by authorized juvenile court personnel or the
15 State's Attorney in connection with proceedings under the
16 Juvenile Court Act of 1987; or
17 (b) inquiries from registered police youth
18 officers.
19 For the purposes of this Act "police youth officer" means
20 a member of a duly organized State, county or municipal
21 police force who is assigned by his or her Superintendent,
22 Sheriff or chief of police, as the case may be, to specialize
23 in youth problems.
24 21. To develop administrative rules and administrative
25 hearing procedures which allow a minor, his or her attorney,
26 and his or her parents or guardian access to individually
27 identifiable juvenile adjudicatory and dispositional records
28 for the purpose of determining or challenging the accuracy of
29 the records. Final administrative decisions shall be subject
30 to the provisions of the Administrative Review Law.
31 22. To charge, collect, and receive fees or moneys
32 equivalent to the cost of providing Department of State
33 Police personnel, equipment, and services to local
34 governmental agencies when explicitly requested by a local
SB363 Re-enrolled -25- LRB9002769NTsb
1 governmental agency and pursuant to an intergovernmental
2 agreement as provided by this Section, other State agencies,
3 and federal agencies, including but not limited to fees or
4 moneys equivalent to the cost of providing dispatching
5 services, radio and radar repair, and training to local
6 governmental agencies on such terms and conditions as in the
7 judgment of the Director are in the best interest of the
8 State; and to establish, charge, collect and receive fees or
9 moneys based on the cost of providing responses to requests
10 for criminal history record information pursuant to positive
11 identification and any Illinois or federal law authorizing
12 access to some aspect of such information and to prescribe
13 the form and manner for requesting and furnishing such
14 information to the requestor on such terms and conditions as
15 in the judgment of the Director are in the best interest of
16 the State, provided fees for requesting and furnishing
17 criminal history record information may be waived for
18 requests in the due administration of the criminal laws. The
19 Department may also charge, collect and receive fees or
20 moneys equivalent to the cost of providing electronic data
21 processing lines or related telecommunication services to
22 local governments, but only when such services can be
23 provided by the Department at a cost less than that
24 experienced by said local governments through other means.
25 All services provided by the Department shall be conducted
26 pursuant to contracts in accordance with the
27 Intergovernmental Cooperation Act, and all telecommunication
28 services shall be provided pursuant to the provisions of
29 Section 67.18 of this Code.
30 All fees received by the Department of State Police under
31 this Act or the Illinois Uniform Conviction Information Act
32 shall be deposited in a special fund in the State Treasury to
33 be known as the State Police Services Fund. The money
34 deposited in the State Police Services Fund shall be
SB363 Re-enrolled -26- LRB9002769NTsb
1 appropriated to the Department of State Police for expenses
2 of the Department of State Police.
3 Upon the completion of any audit of the Department of
4 State Police as prescribed by the Illinois State Auditing
5 Act, which audit includes an audit of the State Police
6 Services Fund, the Department of State Police shall make the
7 audit open to inspection by any interested person.
8 23. To exercise the powers and perform the duties which
9 have been vested in the Department of State Police by the
10 Intergovernmental Missing Child Recovery Act of 1984, and to
11 establish reasonable rules and regulations necessitated
12 thereby.
13 24. (a) To establish and maintain a statewide Law
14 Enforcement Agencies Data System (LEADS) for the purpose of
15 providing electronic access by authorized entities to
16 criminal justice data repositories and effecting an immediate
17 law enforcement response to reports of missing persons,
18 including lost, missing or runaway minors. The Department
19 shall implement an automatic data exchange system to compile,
20 to maintain and to make available to other law enforcement
21 agencies for immediate dissemination data which can assist
22 appropriate agencies in recovering missing persons and
23 provide access by authorized entities to various data
24 repositories available through LEADS for criminal justice and
25 related purposes. To help assist the Department in this
26 effort, funds may be appropriated from the LEADS Maintenance
27 Fund.
28 (b) In exercising its duties under this subsection, the
29 Department shall:
30 (1) provide a uniform reporting format for the
31 entry of pertinent information regarding the report of a
32 missing person into LEADS;
33 (2) develop and implement a policy whereby a
34 statewide or regional alert would be used in situations
SB363 Re-enrolled -27- LRB9002769NTsb
1 relating to the disappearances of individuals, based on
2 criteria and in a format established by the Department.
3 Such a format shall include, but not be limited to, the
4 age of the missing person and the suspected circumstance
5 of the disappearance;
6 (3) notify all law enforcement agencies that
7 reports of missing persons shall be entered as soon as
8 the minimum level of data specified by the Department is
9 available to the reporting agency, and that no waiting
10 period for the entry of such data exists;
11 (4) compile and retain information regarding lost,
12 abducted, missing or runaway minors in a separate data
13 file, in a manner that allows such information to be used
14 by law enforcement and other agencies deemed appropriate
15 by the Director, for investigative purposes. Such
16 information shall include the disposition of all reported
17 lost, abducted, missing or runaway minor cases;
18 (5) compile and maintain an historic data
19 repository relating to lost, abducted, missing or runaway
20 minors and other missing persons in order to develop and
21 improve techniques utilized by law enforcement agencies
22 when responding to reports of missing persons; and
23 (6) create a quality control program regarding
24 confirmation of missing person data, timeliness of
25 entries of missing person reports into LEADS and
26 performance audits of all entering agencies.
27 25. On request of a school board or regional
28 superintendent of schools, to conduct an inquiry pursuant to
29 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
30 an applicant for employment in a school district has been
31 convicted of any criminal or drug offenses enumerated in
32 Section 10-21.9 or 34-18.5 of the School Code. The
33 Department shall furnish such conviction information to the
34 President of the school board of the school district which
SB363 Re-enrolled -28- LRB9002769NTsb
1 has requested the information, or if the information was
2 requested by the regional superintendent to that regional
3 superintendent.
4 26. To promulgate rules and regulations necessary for
5 the administration and enforcement of its powers and duties,
6 wherever granted and imposed, pursuant to the Illinois
7 Administrative Procedure Act.
8 27. To (a) promulgate rules pertaining to the
9 certification, revocation of certification and training of
10 law enforcement officers as electronic criminal surveillance
11 officers, (b) provide training and technical assistance to
12 State's Attorneys and local law enforcement agencies
13 pertaining to the interception of private oral
14 communications, (c) promulgate rules necessary for the
15 administration of Article 108B of the Code of Criminal
16 Procedure of 1963, including but not limited to standards for
17 recording and minimization of electronic criminal
18 surveillance intercepts, documentation required to be
19 maintained during an intercept, procedures in relation to
20 evidence developed by an intercept, and (d) charge a
21 reasonable fee to each law enforcement agency that sends
22 officers to receive training as electronic criminal
23 surveillance officers.
24 28. Upon the request of any private organization which
25 devotes a major portion of its time to the provision of
26 recreational, social, educational or child safety services to
27 children, to conduct, pursuant to positive identification,
28 criminal background investigations of all of that
29 organization's current employees, current volunteers,
30 prospective employees or prospective volunteers charged with
31 the care and custody of children during the provision of the
32 organization's services, and to report to the requesting
33 organization any record of convictions maintained in the
34 Department's files about such persons. The Department shall
SB363 Re-enrolled -29- LRB9002769NTsb
1 charge an application fee, based on actual costs, for the
2 dissemination of conviction information pursuant to this
3 subsection. The Department is empowered to establish this
4 fee and shall prescribe the form and manner for requesting
5 and furnishing conviction information pursuant to this
6 subsection. Information received by the organization from the
7 Department concerning an individual shall be provided to such
8 individual. Any such information obtained by the
9 organization shall be confidential and may not be transmitted
10 outside the organization and may not be transmitted to anyone
11 within the organization except as needed for the purpose of
12 evaluating the individual. Only information and standards
13 which bear a reasonable and rational relation to the
14 performance of child care shall be used by the organization.
15 Any employee of the Department or any member, employee or
16 volunteer of the organization receiving confidential
17 information under this subsection who gives or causes to be
18 given any confidential information concerning any criminal
19 convictions of an individual shall be guilty of a Class A
20 misdemeanor unless release of such information is authorized
21 by this subsection.
22 29. Upon the request of the Department of Children and
23 Family Services, to investigate reports of child abuse or
24 neglect.
25 30. To obtain registration of a fictitious vital record
26 pursuant to Section 15.1 of the Vital Records Act.
27 31. To collect and disseminate information relating to
28 "hate crimes" as defined under Section 12-7.1 of the Criminal
29 Code of 1961 contingent upon the availability of State or
30 Federal funds to revise and upgrade the Illinois Uniform
31 Crime Reporting System. All law enforcement agencies shall
32 report monthly to the Department of State Police concerning
33 such offenses in such form and in such manner as may be
34 prescribed by rules and regulations adopted by the Department
SB363 Re-enrolled -30- LRB9002769NTsb
1 of State Police. Such information shall be compiled by the
2 Department and be disseminated upon request to any local law
3 enforcement agency, unit of local government, or state
4 agency. Dissemination of such information shall be subject
5 to all confidentiality requirements otherwise imposed by law.
6 The Department of State Police shall provide training for
7 State Police officers in identifying, responding to, and
8 reporting all hate crimes. The Illinois Local Governmental
9 Law Enforcement Officer's Training Standards Board shall
10 develop and certify a course of such training to be made
11 available to local law enforcement officers.
12 32. Upon the request of a private carrier company that
13 provides transportation under Section 28b of the Metropolitan
14 Transit Authority Act, to ascertain if an applicant for a
15 driver position has been convicted of any criminal or drug
16 offense enumerated in Section 28b of the Metropolitan Transit
17 Authority Act. The Department shall furnish the conviction
18 information to the private carrier company that requested the
19 information.
20 33. To apply for grants or contracts, receive, expend,
21 allocate, or disburse funds and moneys made available by
22 public or private entities, including, but not limited to,
23 contracts, bequests, grants, or receiving equipment from
24 corporations, foundations, or public or private institutions
25 of higher learning. All funds received by the Department
26 from these sources shall be deposited into the appropriate
27 fund in the State Treasury to be appropriated to the
28 Department for purposes as indicated by the grantor or
29 contractor or, in the case of funds or moneys bequeathed or
30 granted for no specific purpose, for any purpose as deemed
31 appropriate by the Director in administering the
32 responsibilities of the Department.
33 34. Upon the request of the Department of Children and
34 Family Services, the Department of State Police shall provide
SB363 Re-enrolled -31- LRB9002769NTsb
1 properly designated employees of the Department of Children
2 and Family Services with criminal history record information
3 as defined in the Illinois Uniform Conviction Information Act
4 and information maintained in the Statewide Central Juvenile
5 adjudicatory and dispositional record system as defined in
6 subdivision (A)19 of this Section if the Department of
7 Children and Family Services determines the information is
8 necessary to perform its duties under the Abused and
9 Neglected Child Reporting Act, the Child Care Act of 1969,
10 and the Children and Family Services Act. The request shall
11 be in the form and manner specified by the Department of
12 State Police.
13 35. The Illinois Department of Public Aid is an
14 authorized entity under this Section for the purpose of
15 exchanging information, in the form and manner required by
16 the Department of State Police to facilitate the location of
17 individuals for establishing paternity, and establishing,
18 modifying, and enforcing child support obligations, pursuant
19 to the Public Aid Code and Title IV, Section D of the Social
20 Security Act.
21 (B) The Department of State Police may establish and
22 maintain, within the Department of State Police, a Statewide
23 Organized Criminal Gang Database (SWORD) for the purpose of
24 tracking organized criminal gangs and their memberships.
25 Information in the database may include, but not be limited
26 to, the name, last known address, birth date, physical
27 descriptions (such as scars, marks, or tattoos), officer
28 safety information, organized gang affiliation, and entering
29 agency identifier. The Department may develop, in
30 consultation with the Criminal Justice Information Authority,
31 and in a form and manner prescribed by the Department, an
32 automated data exchange system to compile, to maintain, and
33 to make this information electronically available to
34 prosecutors and to other law enforcement agencies. The
SB363 Re-enrolled -32- LRB9002769NTsb
1 information may be used by authorized agencies to combat the
2 operations of organized criminal gangs statewide.
3 (C) The Department of State Police may ascertain the
4 number of bilingual police officers and other personnel
5 needed to provide services in a language other than English
6 and may establish, under applicable personnel rules and
7 Department guidelines or through a collective bargaining
8 agreement, a bilingual pay supplement program.
9 35. The Illinois Department of Public Aid is an
10 authorized entity under this Section for the purpose of
11 obtaining access to various data repositories available
12 through LEADS, to facilitate the location of individuals for
13 establishing paternity, and establishing, modifying, and
14 enforcing child support obligations, pursuant to the Public
15 Aid Code and Title IV, Section D of the Social Security Act.
16 The Department shall enter into an agreement with the
17 Illinois Department of Public Aid consistent with these
18 purposes.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 9-29-97.)
21 Section 1001-15. The Criminal Identification Act is
22 amended by changing Sections 2.1 and 5 as follows:
23 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
24 Sec. 2.1. For the purpose of maintaining complete and
25 accurate criminal records of the Department of State Police,
26 it is necessary for all policing bodies of this State, the
27 clerk of the circuit court, the Illinois Department of
28 Corrections, the sheriff of each county, and State's Attorney
29 of each county to submit certain criminal arrest, charge, and
30 disposition information to the Department for filing at the
31 earliest time possible. Unless otherwise noted herein, it
32 shall be the duty of all policing bodies of this State, the
SB363 Re-enrolled -33- LRB9002769NTsb
1 clerk of the circuit court, the Illinois Department of
2 Corrections, the sheriff of each county, and the State's
3 Attorney of each county to report such information as
4 provided in this Section, both in the form and manner
5 required by the Department and within 30 days of the criminal
6 history event. Specifically:
7 (a) Arrest Information. All agencies making arrests for
8 offenses which are required by statute to be collected,
9 maintained or disseminated by the Department of State Police
10 shall be responsible for furnishing daily to the Department
11 fingerprints, charges and descriptions of all persons who are
12 arrested for such offenses. All such agencies shall also
13 notify the Department of all decisions by the arresting
14 agency not to refer such arrests for prosecution. With
15 approval of the Department, an agency making such arrests may
16 enter into arrangements with other agencies for the purpose
17 of furnishing daily such fingerprints, charges and
18 descriptions to the Department upon its behalf.
19 (b) Charge Information. The State's Attorney of each
20 county shall notify the Department of all charges filed and
21 all petitions filed alleging that a minor is delinquent,
22 including all those added subsequent to the filing of a case,
23 and whether charges were not filed in cases for which the
24 Department has received information required to be reported
25 pursuant to paragraph (a) of this Section. With approval of
26 the Department, the State's Attorney may enter into
27 arrangements with other agencies for the purpose of
28 furnishing the information required by this subsection (b) to
29 the Department upon the State's Attorney's behalf.
30 (c) Disposition Information. The clerk of the circuit
31 court of each county shall furnish the Department, in the
32 form and manner required by the Supreme Court, with all final
33 dispositions of cases for which the Department has received
34 information required to be reported pursuant to paragraph
SB363 Re-enrolled -34- LRB9002769NTsb
1 paragraphs (a) or (d) of this Section. Such information shall
2 include, for each charge, all (1) judgments of not guilty,
3 judgments of guilty including the sentence pronounced by the
4 court, findings that a minor is delinquent and any sentence
5 made based on those findings, discharges and dismissals in
6 the court; (2) reviewing court orders filed with the clerk of
7 the circuit court which reverse or remand a reported
8 conviction or findings that a minor is delinquent or that
9 vacate or modify a sentence or sentence made following a
10 trial that a minor is delinquent; (3) continuances to a date
11 certain in furtherance of an order of supervision granted
12 under Section 5-6-1 of the Unified Code of Corrections or an
13 order of probation granted under Section 10 of the Cannabis
14 Control Act, Section 410 of the Illinois Controlled
15 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
16 Section 10-102 of the Illinois Alcoholism and Other Drug
17 Dependency Act, Section 40-10 of the Alcoholism and Other
18 Drug Abuse and Dependency Act, or Section 10 of the Steroid
19 Control Act, or Section 5-615 of the Juvenile Court Act of
20 1987; and (4) judgments or court orders terminating or
21 revoking a sentence to or juvenile disposition of probation,
22 supervision or conditional discharge and any resentencing or
23 new court orders entered by a juvenile court relating to the
24 disposition of a minor's case involving delinquency after
25 such revocation.
26 (d) Fingerprints After Sentencing.
27 (1) After the court pronounces sentence, sentences a
28 minor following a trial in which a minor was found to be
29 delinquent or issues an order of supervision or an order
30 of probation granted under Section 10 of the Cannabis
31 Control Act, Section 410 of the Illinois Controlled
32 Substances Act, Section 12-4.3 of the Criminal Code of
33 1961, Section 10-102 of the Illinois Alcoholism and Other
34 Drug Dependency Act, Section 40-10 of the Alcoholism and
SB363 Re-enrolled -35- LRB9002769NTsb
1 Other Drug Abuse and Dependency Act, or Section 10 of the
2 Steroid Control Act, or Section 5-615 of the Juvenile
3 Court Act of 1987 for any offense which is required by
4 statute to be collected, maintained, or disseminated by
5 the Department of State Police, the State's Attorney of
6 each county shall ask the court to order a law
7 enforcement agency to fingerprint immediately all persons
8 appearing before the court who have not previously been
9 fingerprinted for the same case. The court shall so order
10 the requested fingerprinting, if it determines that any
11 such person has not previously been fingerprinted for the
12 same case. The law enforcement agency shall submit such
13 fingerprints to the Department daily.
14 (2) After the court pronounces sentence or makes a
15 disposition of a case following a finding of delinquency
16 for any offense which is not required by statute to be
17 collected, maintained, or disseminated by the Department
18 of State Police, the prosecuting attorney may ask the
19 court to order a law enforcement agency to fingerprint
20 immediately all persons appearing before the court who
21 have not previously been fingerprinted for the same case.
22 The court may so order the requested fingerprinting, if
23 it determines that any so sentenced person has not
24 previously been fingerprinted for the same case. The law
25 enforcement agency may retain such fingerprints in its
26 files.
27 (e) Corrections Information. The Illinois Department of
28 Corrections and the sheriff of each county shall furnish the
29 Department with all information concerning the receipt,
30 escape, execution, death, release, pardon, parole,
31 commutation of sentence, granting of executive clemency or
32 discharge of an individual who has been sentenced or
33 committed to the agency's custody for any offenses which are
34 mandated by statute to be collected, maintained or
SB363 Re-enrolled -36- LRB9002769NTsb
1 disseminated by the Department of State Police. For an
2 individual who has been charged with any such offense and who
3 escapes from custody or dies while in custody, all
4 information concerning the receipt and escape or death,
5 whichever is appropriate, shall also be so furnished to the
6 Department.
7 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)
8 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors of the age of 10
16 and over who have been arrested for an offense which would be
17 a felony if committed by an adult, and may forward such
18 fingerprints and descriptions for minors arrested for Class A
19 or B misdemeanors. or taken into custody before their 17th
20 birthday for an offense that if committed by an adult would
21 constitute the offense of unlawful use of weapons under
22 Article 24 of the Criminal Code of 1961, a forcible felony as
23 defined in Section 2-8 of the Criminal Code of 1961, or a
24 Class 2 or greater felony under the Cannabis Control Act, the
25 Illinois Controlled Substances Act, or Chapter 4 of the
26 Illinois Vehicle Code. Moving or nonmoving traffic
27 violations under the Illinois Vehicle Code shall not be
28 reported except for violations of Chapter 4, Section
29 11-204.1, or Section 11-501 of that Code. In addition,
30 conservation offenses, as defined in the Supreme Court Rule
31 501(c), that are classified as Class B misdemeanors shall not
32 be reported.
33 Whenever an adult or minor prosecuted as an adult, not
SB363 Re-enrolled -37- LRB9002769NTsb
1 having previously been convicted of any criminal offense or
2 municipal ordinance violation, charged with a violation of a
3 municipal ordinance or a felony or misdemeanor, is acquitted
4 or released without being convicted, whether the acquittal or
5 release occurred before, on, or after the effective date of
6 this amendatory Act of 1991, the Chief Judge of the circuit
7 wherein the charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less than
9 3,000,000 inhabitants, the presiding trial judge at the
10 defendant's trial may upon verified petition of the defendant
11 order the record of arrest expunged from the official records
12 of the arresting authority and the Department and order that
13 the records of the clerk of the circuit court be sealed until
14 further order of the court upon good cause shown and the name
15 of the defendant obliterated on the official index required
16 to be kept by the circuit court clerk under Section 16 of the
17 Clerks of Courts Act, but the order shall not affect any
18 index issued by the circuit court clerk before the entry of
19 the order. The Department may charge the petitioner a fee
20 equivalent to the cost of processing any order to expunge or
21 seal the records, and the fee shall be deposited into the
22 State Police Services Fund. The records of those arrests,
23 however, that result in a disposition of supervision for any
24 offense shall not be expunged from the records of the
25 arresting authority or the Department nor impounded by the
26 court until 2 years after discharge and dismissal of
27 supervision. Those records that result from a supervision
28 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
29 11-503 of the Illinois Vehicle Code or a similar provision of
30 a local ordinance, or for a violation of Section 12-3.2,
31 12-15 or 16A-3 of the Criminal Code of 1961, or probation
32 under Section 10 of the Cannabis Control Act, Section 410 of
33 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
34 and (2) of the Criminal Code of 1961, Section 10-102 of the
SB363 Re-enrolled -38- LRB9002769NTsb
1 Illinois Alcoholism and Other Drug Dependency Act when the
2 judgment of conviction has been vacated, Section 40-10 of the
3 Alcoholism and Other Drug Abuse and Dependency Act when the
4 judgment of conviction has been vacated, or Section 10 of the
5 Steroid Control Act shall not be expunged from the records of
6 the arresting authority nor impounded by the court until 5
7 years after termination of probation or supervision. Those
8 records that result from a supervision for a violation of
9 Section 11-501 of the Illinois Vehicle Code or a similar
10 provision of a local ordinance, shall not be expunged. All
11 records set out above may be ordered by the court to be
12 expunged from the records of the arresting authority and
13 impounded by the court after 5 years, but shall not be
14 expunged by the Department, but shall, on court order be
15 sealed by the Department and may be disseminated by the
16 Department only as required by law or to the arresting
17 authority, the State's Attorney, and the court upon a later
18 arrest for the same or a similar offense or for the purpose
19 of sentencing for any subsequent felony. Upon conviction for
20 any offense, the Department of Corrections shall have access
21 to all sealed records of the Department pertaining to that
22 individual.
23 (a-5) Those records maintained by the Department for
24 persons arrested prior to their 17th birthday shall be
25 expunged as provided in Section 5-915 of the Juvenile Court
26 Act of 1987.
27 (b) Whenever a person has been convicted of a crime or
28 of the violation of a municipal ordinance, in the name of a
29 person whose identity he has stolen or otherwise come into
30 possession of, the aggrieved person from whom the identity
31 was stolen or otherwise obtained without authorization, upon
32 learning of the person having been arrested using his
33 identity, may, upon verified petition to the chief judge of
34 the circuit wherein the arrest was made, have a court order
SB363 Re-enrolled -39- LRB9002769NTsb
1 entered nunc pro tunc by the chief judge to correct the
2 arrest record, conviction record, if any, and all official
3 records of the arresting authority, the Department, other
4 criminal justice agencies, the prosecutor, and the trial
5 court concerning such arrest, if any, by removing his name
6 from all such records in connection with the arrest and
7 conviction, if any, and by inserting in the records the name
8 of the offender, if known or ascertainable, in lieu of the
9 has name. The records of the clerk of the circuit court
10 clerk shall be sealed until further order of the court upon
11 good cause shown and the name of the aggrieved person
12 obliterated on the official index required to be kept by the
13 circuit court clerk under Section 16 of the Clerks of Courts
14 Act, but the order shall not affect any index issued by the
15 circuit court clerk before the entry of the order. Nothing in
16 this Section shall limit the Department of State Police or
17 other criminal justice agencies or prosecutors from listing
18 under an offender's name the false names he or she has used.
19 For purposes of this Section, convictions for moving and
20 nonmoving traffic violations other than convictions for
21 violations of Chapter 4, Section 11-204.1 or Section 11-501
22 of the Illinois Vehicle Code shall not be a bar to expunging
23 the record of arrest and court records for violation of a
24 misdemeanor or municipal ordinance.
25 (c) Whenever a person who has been convicted of an
26 offense is granted a pardon by the Governor which
27 specifically authorizes expungement, he may, upon verified
28 petition to the chief judge of the circuit where the person
29 had been convicted, any judge of the circuit designated by
30 the Chief Judge, or in counties of less than 3,000,000
31 inhabitants, the presiding trial judge at the defendant's
32 trial, may have a court order entered expunging the record of
33 arrest from the official records of the arresting authority
34 and order that the records of the clerk of the circuit court
SB363 Re-enrolled -40- LRB9002769NTsb
1 and the Department be sealed until further order of the court
2 upon good cause shown or as otherwise provided herein, and
3 the name of the defendant obliterated from the official index
4 requested to be kept by the circuit court clerk under Section
5 16 of the Clerks of Courts Act in connection with the arrest
6 and conviction for the offense for which he had been pardoned
7 but the order shall not affect any index issued by the
8 circuit court clerk before the entry of the order. All
9 records sealed by the Department may be disseminated by the
10 Department only as required by law or to the arresting
11 authority, the States Attorney, and the court upon a later
12 arrest for the same or similar offense or for the purpose of
13 sentencing for any subsequent felony. Upon conviction for
14 any subsequent offense, the Department of Corrections shall
15 have access to all sealed records of the Department
16 pertaining to that individual. Upon entry of the order of
17 expungement, the clerk of the circuit court shall promptly
18 mail a copy of the order to the person who was pardoned.
19 (d) Notice of the petition for subsections (a), (b), and
20 (c) shall be served upon the State's Attorney or prosecutor
21 charged with the duty of prosecuting the offense, the
22 Department of State Police, the arresting agency and the
23 chief legal officer of the unit of local government affecting
24 the arrest. Unless the State's Attorney or prosecutor, the
25 Department of State Police, the arresting agency or such
26 chief legal officer objects to the petition within 30 days
27 from the date of the notice, the court shall enter an order
28 granting or denying the petition. The clerk of the court
29 shall promptly mail a copy of the order to the person, the
30 arresting agency, the prosecutor, the Department of State
31 Police and such other criminal justice agencies as may be
32 ordered by the judge.
33 (e) Nothing herein shall prevent the Department of State
34 Police from maintaining all records of any person who is
SB363 Re-enrolled -41- LRB9002769NTsb
1 admitted to probation upon terms and conditions and who
2 fulfills those terms and conditions pursuant to Section 10 of
3 the Cannabis Control Act, Section 410 of the Illinois
4 Controlled Substances Act, Section 12-4.3 of the Criminal
5 Code of 1961, Section 10-102 of the Illinois Alcoholism and
6 Other Drug Dependency Act, Section 40-10 of the Alcoholism
7 and Other Drug Abuse and Dependency Act, or Section 10 of the
8 Steroid Control Act.
9 (f) No court order issued pursuant to the expungement
10 provisions of this Section shall become final for purposes of
11 appeal until 30 days after notice is received by the
12 Department. Any court order contrary to the provisions of
13 this Section is void.
14 (g) The court shall not order the sealing or expungement
15 of the arrest records and records of the circuit court clerk
16 of any person granted supervision for or convicted of any
17 sexual offense committed against a minor under 18 years of
18 age. For the purposes of this Section, "sexual offense
19 committed against a minor" includes but is not limited to the
20 offenses of indecent solicitation of a child or criminal
21 sexual abuse when the victim of such offense is under 18
22 years of age.
23 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
24 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
25 Section 1001-16. The School Code is amended by changing
26 Section 34-2.1 as follows:
27 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
28 Sec. 34-2.1. Local School Councils - Composition -
29 Voter-Eligibility - Elections - Terms.
30 (a) A local school council shall be established for each
31 attendance center within the school district. Each local
32 school council shall consist of the following 11 voting
SB363 Re-enrolled -42- LRB9002769NTsb
1 members: the principal of the attendance center, 2 teachers
2 employed and assigned to perform the majority of their
3 employment duties at the attendance center, 6 parents of
4 students currently enrolled at the attendance center and 2
5 community residents. Neither the parents nor the community
6 residents who serve as members of the local school council
7 shall be employees of the Board of Education. In each
8 secondary attendance center, the local school council shall
9 consist of 12 voting members -- the 11 voting members
10 described above and one full-time student member, appointed
11 as provided in subsection (m) below. In the event that the
12 chief executive officer of the Chicago School Reform Board of
13 Trustees determines that a local school council is not
14 carrying out its financial duties effectively, the chief
15 executive officer is authorized to appoint a representative
16 of the business community with experience in finance and
17 management to serve as an advisor to the local school
18 council for the purpose of providing advice and assistance to
19 the local school council on fiscal matters. The advisor
20 shall have access to relevant financial records of the local
21 school council. The advisor may attend executive sessions.
22 The chief executive officer shall issue a written policy
23 defining the circumstances under which a local school council
24 is not carrying out its financial duties effectively.
25 (b) Within 7 days of January 11, 1991, the Mayor shall
26 appoint the members and officers (a Chairperson who shall be
27 a parent member and a Secretary) of each local school council
28 who shall hold their offices until their successors shall be
29 elected and qualified. Members so appointed shall have all
30 the powers and duties of local school councils as set forth
31 in this amendatory Act of 1991. The Mayor's appointments
32 shall not require approval by the City Council.
33 The membership of each local school council shall be
34 encouraged to be reflective of the racial and ethnic
SB363 Re-enrolled -43- LRB9002769NTsb
1 composition of the student population of the attendance
2 center served by the local school council.
3 (c) Beginning with the 1995-1996 school year and in
4 every even-numbered year thereafter, the Board shall set
5 second semester Parent Report Card Pick-up Day for Local
6 School Council elections and may schedule elections at
7 year-round schools for the same dates as the remainder of the
8 school system. Elections shall be conducted as provided
9 herein by the Board of Education in consultation with the
10 local school council at each attendance center.
11 (d) Beginning with the 1995-96 school year, the
12 following procedures shall apply to the election of local
13 school council members at each attendance center:
14 (i) The elected members of each local school
15 council shall consist of the 6 parent members and the 2
16 community resident members.
17 (ii) Each elected member shall be elected by the
18 eligible voters of that attendance center to serve for a
19 two-year term commencing on July 1 immediately following
20 the election described in subsection (c). Eligible
21 voters for each attendance center shall consist of the
22 parents and community residents for that attendance
23 center.
24 (iii) Each eligible voter shall be entitled to cast
25 one vote for up to a total of 5 candidates, irrespective
26 of whether such candidates are parent or community
27 resident candidates.
28 (iv) Each parent voter shall be entitled to vote in
29 the local school council election at each attendance
30 center in which he or she has a child currently enrolled.
31 Each community resident voter shall be entitled to vote
32 in the local school council election at each attendance
33 center for which he or she resides in the applicable
34 attendance area or voting district, as the case may be.
SB363 Re-enrolled -44- LRB9002769NTsb
1 (v) Each eligible voter shall be entitled to vote
2 once, but not more than once, in the local school council
3 election at each attendance center at which the voter is
4 eligible to vote.
5 (vi) The 2 teacher members of each local school
6 council shall be appointed as provided in subsection (l)
7 below each to serve for a two-year term coinciding with
8 that of the elected parent and community resident
9 members.
10 (vii) At secondary attendance centers, the voting
11 student member shall be appointed as provided in
12 subsection (m) below to serve for a one-year term
13 coinciding with the beginning of the terms of the elected
14 parent and community members of the local school council.
15 (e) The Council shall publicize the date and place of
16 the election by posting notices at the attendance center, in
17 public places within the attendance boundaries of the
18 attendance center and by distributing notices to the pupils
19 at the attendance center, and shall utilize such other means
20 as it deems necessary to maximize the involvement of all
21 eligible voters.
22 (f) Nomination. The Council shall publicize the opening
23 of nominations by posting notices at the attendance center,
24 in public places within the attendance boundaries of the
25 attendance center and by distributing notices to the pupils
26 at the attendance center, and shall utilize such other means
27 as it deems necessary to maximize the involvement of all
28 eligible voters. Not less than 2 weeks before the election
29 date, persons eligible to run for the Council shall submit
30 their name and some evidence of eligibility to the Council.
31 The Council shall encourage nomination of candidates
32 reflecting the racial/ethnic population of the students at
33 the attendance center. Each person nominated who runs as a
34 candidate shall disclose, in a manner determined by the
SB363 Re-enrolled -45- LRB9002769NTsb
1 Board, any economic interest held by such person, by such
2 person's spouse or children, or by each business entity in
3 which such person has an ownership interest, in any contract
4 with the Board, any local school council or any public school
5 in the school district. Each person nominated who runs as a
6 candidate shall also disclose, in a manner determined by the
7 Board, if he or she ever has been convicted of any of the
8 offenses specified in subsection (c) of Section 34-18.5;
9 provided that neither this provision nor any other provision
10 of this Section shall be deemed to require the disclosure of
11 any information that is contained in any law enforcement
12 record or juvenile court record that is confidential or whose
13 accessibility or disclosure is restricted or prohibited under
14 Section 5-901 1-7 or 5-905 1-8 of the Juvenile Court Act of
15 1987. Failure to make such disclosure shall render a person
16 ineligible for election to the local school council. The
17 same disclosure shall be required of persons under
18 consideration for appointment to the Council pursuant to
19 subsections (l) and (m) of this Section.
20 (g) At least one week before the election date, the
21 Council shall publicize, in the manner provided in subsection
22 (e), the names of persons nominated for election.
23 (h) Voting shall be in person by secret ballot at the
24 attendance center between the hours of 6:00 a.m. and 7:00
25 p.m.
26 (i) Candidates receiving the highest number of votes
27 shall be declared elected by the Council. In cases of a tie,
28 the Council shall determine the winner by lot.
29 (j) The Council shall certify the results of the
30 election and shall publish the results in the minutes of the
31 Council.
32 (k) The general superintendent shall resolve any
33 disputes concerning election procedure or results and shall
34 ensure that, except as provided in subsections (e) and (g),
SB363 Re-enrolled -46- LRB9002769NTsb
1 no resources of any attendance center shall be used to
2 endorse or promote any candidate.
3 (l) Beginning with the 1995-1996 school year and in
4 every even numbered year thereafter, the Board shall appoint
5 2 teacher members to each local school council. These
6 appointments shall be made in the following manner:
7 (i) The Board shall appoint 2 teachers who are
8 employed and assigned to perform the majority of their
9 employment duties at the attendance center to serve on
10 the local school council of the attendance center for a
11 two-year term coinciding with the terms of the elected
12 parent and community members of that local school
13 council. These appointments shall be made from among
14 those teachers who are nominated in accordance with
15 subsection (f).
16 (ii) A non-binding, advisory poll to ascertain the
17 preferences of the school staff regarding appointments of
18 teachers to the local school council for that attendance
19 center shall be conducted in accordance with the
20 procedures used to elect parent and community Council
21 representatives. At such poll, each member of the school
22 staff shall be entitled to indicate his or her preference
23 for up to 2 candidates from among those who submitted
24 statements of candidacy as described above. These
25 preferences shall be advisory only and the Board shall
26 maintain absolute discretion to appoint teacher members
27 to local school councils, irrespective of the preferences
28 expressed in any such poll.
29 (m) Beginning with the 1995-1996 school year, and in
30 every year thereafter, the Board shall appoint one student
31 member to each secondary attendance center. These
32 appointments shall be made in the following manner:
33 (i) Appointments shall be made from among those
34 students who submit statements of candidacy to the
SB363 Re-enrolled -47- LRB9002769NTsb
1 principal of the attendance center, such statements to be
2 submitted commencing on the first day of the twentieth
3 week of school and continuing for 2 weeks thereafter.
4 The form and manner of such candidacy statements shall be
5 determined by the Board.
6 (ii) During the twenty-second week of school in
7 every year, the principal of each attendance center shall
8 conduct a non-binding, advisory poll to ascertain the
9 preferences of the school students regarding the
10 appointment of a student to the local school council for
11 that attendance center. At such poll, each student shall
12 be entitled to indicate his or her preference for up to
13 one candidate from among those who submitted statements
14 of candidacy as described above. The Board shall
15 promulgate rules to ensure that these non-binding,
16 advisory polls are conducted in a fair and equitable
17 manner and maximize the involvement of all school
18 students. The preferences expressed in these
19 non-binding, advisory polls shall be transmitted by the
20 principal to the Board. However, these preferences shall
21 be advisory only and the Board shall maintain absolute
22 discretion to appoint student members to local school
23 councils, irrespective of the preferences expressed in
24 any such poll.
25 (iii) For the 1995-96 school year only,
26 appointments shall be made from among those students who
27 submitted statements of candidacy to the principal of the
28 attendance center during the first 2 weeks of the school
29 year. The principal shall communicate the results of any
30 nonbinding, advisory poll to the Board. These results
31 shall be advisory only, and the Board shall maintain
32 absolute discretion to appoint student members to local
33 school councils, irrespective of the preferences
34 expressed in any such poll.
SB363 Re-enrolled -48- LRB9002769NTsb
1 (n) The Board may promulgate such other rules and
2 regulations for election procedures as may be deemed
3 necessary to ensure fair elections.
4 (o) In the event that a vacancy occurs during a member's
5 term, the Council shall appoint a person eligible to serve on
6 the Council, to fill the unexpired term created by the
7 vacancy, except that any teacher vacancy shall be filled by
8 the Board after considering the preferences of the school
9 staff as ascertained through a non-binding advisory poll of
10 school staff.
11 (p) If less than the specified number of persons is
12 elected within each candidate category, the newly elected
13 local school council shall appoint eligible persons to serve
14 as members of the Council for two-year terms.
15 (q) The Board shall promulgate rules regarding conflicts
16 of interest and disclosure of economic interests which shall
17 apply to local school council members and which shall require
18 reports or statements to be filed by Council members at
19 regular intervals with the Secretary of the Board. Failure
20 to comply with such rules or intentionally falsifying such
21 reports shall be grounds for disqualification from local
22 school council membership. A vacancy on the Council for
23 disqualification may be so declared by the Secretary of the
24 Board. Rules regarding conflicts of interest and disclosure
25 of economic interests promulgated by the Board shall apply to
26 local school council members in addition to the requirements
27 of the Illinois Governmental Ethics Act applicable to local
28 school council members.
29 (r) If a parent member of a Local School Council ceases
30 to have any child enrolled in the attendance center governed
31 by the Local School Council due to the graduation or
32 voluntary transfer of a child or children from the attendance
33 center, the parent's membership on the Local School Council
34 and all voting rights are terminated immediately as of the
SB363 Re-enrolled -49- LRB9002769NTsb
1 date of the child's graduation or voluntary transfer.
2 Further, a local school council member may be removed from
3 the Council by a majority vote of the Council as provided in
4 subsection (c) of Section 34-2.2 if the Council member has
5 missed 3 consecutive regular meetings, not including
6 committee meetings, or 5 regular meetings in a 12 month
7 period, not including committee meetings. Further, a local
8 school council member may be removed by the council by a
9 majority vote of the council as provided in subsection (c) of
10 Section 34-2.2 if the council determines that a member failed
11 to disclose a conviction of any of the offenses specified in
12 subsection (c) of Section 34-18.5 as required in subsection
13 (f) of this Section 34-2.1. A vote to remove a Council member
14 shall only be valid if the Council member has been notified
15 personally or by certified mail, mailed to the person's last
16 known address, of the Council's intent to vote on the Council
17 member's removal at least 7 days prior to the vote. The
18 Council member in question shall have the right to explain
19 his or her actions and shall be eligible to vote on the
20 question of his or her removal from the Council. The
21 provisions of this subsection shall be contained within the
22 petitions used to nominate Council candidates.
23 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
24 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
25 8-14-97.)
26 Section 1001-20. The Illinois School Student Records Act
27 is amended by changing Sections 2, 4, 5, and 6 as follows:
28 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
29 Sec. 2. As used in this Act,
30 (a) "Student" means any person enrolled or previously
31 enrolled in a school.
32 (b) "School" means any public preschool, day care
SB363 Re-enrolled -50- LRB9002769NTsb
1 center, kindergarten, nursery, elementary or secondary
2 educational institution, vocational school, special
3 educational facility or any other elementary or secondary
4 educational agency or institution and any person, agency or
5 institution which maintains school student records from more
6 than one school, but does not include a private or non-public
7 school.
8 (c) "State Board" means the State Board of Education.
9 (d) "School Student Record" means any writing or other
10 recorded information concerning a student and by which a
11 student may be individually identified, maintained by a
12 school or at its direction or by an employee of a school,
13 regardless of how or where the information is stored. The
14 following shall not be deemed school student records under
15 this Act: writings or other recorded information maintained
16 by an employee of a school or other person at the direction
17 of a school for his or her exclusive use; provided that all
18 such writings and other recorded information are destroyed
19 not later than the student's graduation or permanent
20 withdrawal from the school; and provided further that no such
21 records or recorded information may be released or disclosed
22 to any person except a person designated by the school as a
23 substitute unless they are first incorporated in a school
24 student record and made subject to all of the provisions of
25 this Act. School student records shall not include
26 information maintained by law enforcement professionals
27 working in the school.
28 (e) "Student Permanent Record" means the minimum
29 personal information necessary to a school in the education
30 of the student and contained in a school student record.
31 Such information may include the student's name, birth date,
32 address, grades and grade level, parents' names and
33 addresses, attendance records, and such other entries as the
34 State Board may require or authorize.
SB363 Re-enrolled -51- LRB9002769NTsb
1 (f) "Student Temporary Record" means all information
2 contained in a school student record but not contained in the
3 student permanent record. Such information may include
4 family background information, intelligence test scores,
5 aptitude test scores, psychological and personality test
6 results, teacher evaluations, and other information of clear
7 relevance to the education of the student, all subject to
8 regulations of the State Board. In addition, the student
9 temporary record shall include information regarding serious
10 disciplinary infractions that resulted in expulsion,
11 suspension, or the imposition of punishment or sanction. For
12 purposes of this provision, serious disciplinary infractions
13 means: infractions involving drugs, weapons, or bodily harm
14 to another.
15 (g) "Parent" means a person who is the natural parent of
16 the student or other person who has the primary
17 responsibility for the care and upbringing of the student.
18 All rights and privileges accorded to a parent under this Act
19 shall become exclusively those of the student upon his 18th
20 birthday, graduation from secondary school, marriage or entry
21 into military service, whichever occurs first. Such rights
22 and privileges may also be exercised by the student at any
23 time with respect to the student's permanent school record.
24 (Source: P.A. 79-1108.)
25 (105 ILCS 10/4) (from Ch. 122, par. 50-4)
26 Sec. 4. (a) Each school shall designate an official
27 records custodian who is responsible for the maintenance,
28 care and security of all school student records, whether or
29 not such records are in his personal custody or control.
30 (b) The official records custodian shall take all
31 reasonable measures to prevent unauthorized access to or
32 dissemination of school student records.
33 (c) Information contained in or added to a school
SB363 Re-enrolled -52- LRB9002769NTsb
1 student record shall be limited to information which is of
2 clear relevance to the education of the student.
3 (d) Information added to a student temporary record
4 after the effective date of this Act shall include the name,
5 signature and position of the person who has added such
6 information and the date of its entry into the record.
7 (e) Each school shall maintain student permanent records
8 and the information contained therein for not less than 60
9 years after the student has transferred, graduated or
10 otherwise permanently withdrawn from the school.
11 (f) Each school shall maintain student temporary records
12 and the information contained in those records for not less
13 than 5 years after the student has transferred, graduated, or
14 otherwise withdrawn from the school. However, student
15 temporary records shall not be disclosed except as provided
16 in Section 5 or by court order, notwithstanding the
17 provisions of Section 6. No school shall maintain any student
18 temporary record or the information contained therein beyond
19 its period of usefulness to the student and the school, and
20 in no case longer than 5 years after the student has
21 transferred, graduated or otherwise permanently withdrawn
22 from the school. Notwithstanding the foregoing, A school
23 may maintain indefinitely anonymous information from student
24 temporary records for authorized research, statistical
25 reporting or planning purposes, provided that no student or
26 parent can be individually identified from the information
27 maintained.
28 (g) The principal of each school or the person with like
29 responsibilities or his or her designate shall periodically
30 review each student temporary record for verification of
31 entries and elimination or correction of all inaccurate,
32 misleading, unnecessary or irrelevant information. The State
33 Board shall issue regulations to govern the periodic review
34 of the student temporary records and length of time for
SB363 Re-enrolled -53- LRB9002769NTsb
1 maintenance of entries to such records.
2 (h) Before any school student record is destroyed or
3 information deleted therefrom, the parent shall be given
4 reasonable prior notice in accordance with regulations
5 adopted by the State Board and an opportunity to copy the
6 record and information proposed to be destroyed or deleted.
7 (i) No school shall be required to separate permanent
8 and temporary school student records of a student not
9 enrolled in such school on or after the effective date of
10 this Act or to destroy any such records, or comply with the
11 provisions of paragraph (g) of this Section with respect to
12 such records, except (1) in accordance with the request of
13 the parent that any or all of such actions be taken in
14 compliance with the provisions of this Act or (2) in
15 accordance with regulations adopted by the State Board.
16 (Source: P.A. 79-1108.)
17 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
18 Sec. 5. (a) A parent or any person specifically
19 designated as a representative by a parent shall have the
20 right to inspect and copy all school student permanent and
21 temporary records of that parent's child. A student shall
22 have the right to inspect and copy his or her school student
23 permanent record. No person who is prohibited by an order of
24 protection from inspecting or obtaining school records of a
25 student pursuant to the Illinois Domestic Violence Act of
26 1986, as now or hereafter amended, shall have any right of
27 access to, or inspection of, the school records of that
28 student. If a school's principal or person with like
29 responsibilities or his designee has knowledge of such order
30 of protection, the school shall prohibit access or inspection
31 of the student's school records by such person.
32 (b) Whenever access to any person is granted pursuant
33 to paragraph (a) of this Section, at the option of either the
SB363 Re-enrolled -54- LRB9002769NTsb
1 parent or the school a qualified professional, who may be a
2 psychologist, counsellor or other advisor, and who may be an
3 employee of the school or employed by the parent, may be
4 present to interpret the information contained in the student
5 temporary record. If the school requires that a professional
6 be present, the school shall secure and bear any cost of the
7 presence of the professional. If the parent so requests, the
8 school shall secure and bear any cost of the presence of a
9 professional employed by the school.
10 (c) A parent's or student's request to inspect and copy
11 records, or to allow a specifically designated representative
12 to inspect and copy records, must be granted within a
13 reasonable time, and in no case later than 15 school days
14 after the date of receipt of such request by the official
15 records custodian.
16 (d) The school may charge its reasonable costs for the
17 copying of school student records, not to exceed the amounts
18 fixed in schedules adopted by the State Board, to any person
19 permitted to copy such records, except that no parent or
20 student shall be denied a copy of school student records as
21 permitted under this Section 5 for inability to bear the cost
22 of such copying.
23 (e) Nothing contained in this Section 5 shall make
24 available to a parent or student confidential letters and
25 statements of recommendation furnished in connection with
26 applications for employment to a post-secondary educational
27 institution or the receipt of an honor or honorary
28 recognition, provided such letters and statements are not
29 used for purposes other than those for which they were
30 specifically intended, and
31 (1) were placed in a school student record prior to
32 January 1, 1975; or
33 (2) the student has waived access thereto after being
34 advised of his right to obtain upon request the names of all
SB363 Re-enrolled -55- LRB9002769NTsb
1 such persons making such confidential recommendations.
2 (f) Nothing contained in this Act shall be construed to
3 impair or limit the confidentiality of:
4 (1) Communications otherwise protected by law as
5 privileged or confidential, including but not limited to,
6 information communicated in confidence to a physician,
7 psychologist or other psychotherapist; or
8 (2) Information which is communicated by a student or
9 parent in confidence to school personnel; or
10 (3) Information which is communicated by a student,
11 parent, or guardian to a law enforcement professional working
12 in the school, except as provided by court order.
13 (Source: P.A. 86-966.)
14 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
15 Sec. 6. (a) No school student records or information
16 contained therein may be released, transferred, disclosed or
17 otherwise disseminated, except as follows:
18 (1) To a parent or student or person specifically
19 designated as a representative by a parent, as provided in
20 paragraph (a) of Section 5;
21 (2) To an employee or official of the school or school
22 district or State Board with current demonstrable educational
23 or administrative interest in the student, in furtherance of
24 such interest;
25 (3) To the official records custodian of another school
26 within Illinois or an official with similar responsibilities
27 of a school outside Illinois, in which the student has
28 enrolled, or intends to enroll, upon the request of such
29 official or student;
30 (4) To any person for the purpose of research,
31 statistical reporting or planning, provided that no student
32 or parent can be identified from the information released and
33 the person to whom the information is released signs an
SB363 Re-enrolled -56- LRB9002769NTsb
1 affidavit agreeing to comply with all applicable statutes and
2 rules pertaining to school student records;
3 (5) Pursuant to a court order, provided that the parent
4 shall be given prompt written notice upon receipt of such
5 order of the terms of the order, the nature and substance of
6 the information proposed to be released in compliance with
7 such order and an opportunity to inspect and copy the school
8 student records and to challenge their contents pursuant to
9 Section 7;
10 (6) To any person as specifically required by State or
11 federal law;
12 (6.5) To juvenile authorities when necessary for the
13 discharge of their official duties who request information
14 prior to adjudication of the student and who certify in
15 writing that the information will not be disclosed to any
16 other party except as provided under law or order of court.
17 For purposes of this Section "juvenile authorities" means:
18 (i) a judge of the circuit court and members of the staff of
19 the court designated by the judge; (ii) parties to the
20 proceedings under the Juvenile Court Act of 1987 and their
21 attorneys; (iii) probation officers and court appointed
22 advocates for the juvenile authorized by the judge hearing
23 the case; (iv) any individual, public or private agency
24 having custody of the child pursuant to court order; (v) any
25 individual, public or private agency providing education,
26 medical or mental health service to the child when the
27 requested information is needed to determine the appropriate
28 service or treatment for the minor; (vi) any potential
29 placement provider when such release is authorized by the
30 court for the limited purpose of determining the
31 appropriateness of the potential placement; (vii) law
32 enforcement officers and prosecutors; (viii) adult and
33 juvenile prisoner review boards; (ix) authorized military
34 personnel; (x) individuals authorized by court;
SB363 Re-enrolled -57- LRB9002769NTsb
1 (7) Subject to regulations of the State Board, in
2 connection with an emergency, to appropriate persons if the
3 knowledge of such information is necessary to protect the
4 health or safety of the student or other persons; or
5 (8) To any person, with the prior specific dated written
6 consent of the parent designating the person to whom the
7 records may be released, provided that at the time any such
8 consent is requested or obtained, the parent shall be advised
9 in writing that he has the right to inspect and copy such
10 records in accordance with Section 5, to challenge their
11 contents in accordance with Section 7 and to limit any such
12 consent to designated records or designated portions of t