State of Illinois
91st General Assembly

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 1        AN  ACT  to  amend  the  Juvenile  Court  Act  of 1987 by
 2    changing Section 1-7.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Juvenile Court Act of 1987 is amended by
 6    changing Section 1-7 as follows:

 7        (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
 8        Sec. 1-7.  Confidentiality of law enforcement records.
 9        (A)  Inspection and copying of  law  enforcement  records
10    maintained by law enforcement agencies that relate to a minor
11    who has been arrested or taken into custody before his or her
12    17th birthday shall be restricted to the following:
13             (1)  Any  local,  State  or  federal law enforcement
14        officers of any jurisdiction or agency when necessary for
15        the  discharge  of  their  official  duties  during   the
16        investigation  or prosecution of a crime or relating to a
17        minor who has been adjudicated delinquent and  there  has
18        been  a  previous  finding that the act which constitutes
19        the previous offense  was  committed  in  furtherance  of
20        criminal  activities  by  a  criminal  street  gang.  For
21        purposes of this Section, "criminal street gang" has  the
22        meaning  ascribed  to  it  in  Section 10 of the Illinois
23        Streetgang Terrorism Omnibus Prevention Act.
24             (2)  Prosecutors,   probation    officers,    social
25        workers,  or  other  individuals assigned by the court to
26        conduct    a    pre-adjudication    or    pre-disposition
27        investigation,   and    individuals    responsible    for
28        supervising  or providing temporary or permanent care and
29        custody for minors pursuant to the order of the  juvenile
30        court,     when    essential    to    performing    their
31        responsibilities.
                            -2-                LRB9107685RCsb
 1             (3)  Prosecutors and probation officers:
 2                  (a)  in the course of a trial when  institution
 3             of   criminal  proceedings  has  been  permitted  or
 4             required under Section 5-805; or
 5                  (b)  when institution of  criminal  proceedings
 6             has  been  permitted or required under Section 5-805
 7             and such minor is the subject  of  a  proceeding  to
 8             determine the amount of bail; or
 9                  (c)  when   criminal   proceedings   have  been
10             permitted or required under Section 5-805  and  such
11             minor  is  the subject of a pre-trial investigation,
12             pre-sentence  investigation,  fitness  hearing,   or
13             proceedings on an application for probation.
14             (4)  Adult and Juvenile Prisoner Review Board.
15             (5)  Authorized military personnel.
16             (6)  Persons engaged in bona fide research, with the
17        permission  of  the Presiding Judge of the Juvenile Court
18        and the chief executive of the respective law enforcement
19        agency;  provided  that  publication  of  such   research
20        results  in  no  disclosure  of  a  minor's  identity and
21        protects the confidentiality of the minor's record.
22             (7)  Department  of  Children  and  Family  Services
23        child protection investigators acting in  their  official
24        capacity.
25             (8)  The  appropriate  school  official.  Inspection
26        and copying shall be limited to law  enforcement  records
27        transmitted to the appropriate school official by a local
28        law  enforcement  agency  under  a  reciprocal  reporting
29        system  established  and  maintained  between  the school
30        district and  the  local  law  enforcement  agency  under
31        Section  10-20.14  of  the School Code concerning a minor
32        enrolled in a school within the school district  who  has
33        been  arrested  or  taken  into  custody  for  any of the
34        following offenses:
                            -3-                LRB9107685RCsb
 1                  (i)  unlawful use of weapons under Section 24-1
 2             of the Criminal Code of 1961;
 3                  (ii)  a violation of  the  Illinois  Controlled
 4             Substances Act;
 5                  (iii)  a violation of the Cannabis Control Act;
 6             or
 7                  (iv)  a  forcible  felony as defined in Section
 8             2-8 of the Criminal Code of 1961;.
 9                  (v)  a violation of Section 6-16 or 6-20 of the
10             Liquor Control Act of 1934;
11                  (vi)  a violation of Section 11-501  or  11-502
12             of the Illinois Vehicle Code;
13                  (vii)  a  violation of Section 5-16 of the Boat
14             Registration and Safety Act; or
15                  (viii)  a  violation  of  Section  5-7  of  the
16             Snowmobile Registration and Safety Act.
17        (B) (1)  Except as provided  in  paragraph  (2),  no  law
18        enforcement   officer  or  other  person  or  agency  may
19        knowingly transmit  to  the  Department  of  Corrections,
20        Adult  Division  or  the Department of State Police or to
21        the Federal Bureau of Investigation  any  fingerprint  or
22        photograph  relating  to a minor who has been arrested or
23        taken into custody  before  his  or  her  17th  birthday,
24        unless the court in proceedings under this Act authorizes
25        the  transmission  or enters an order under Section 5-805
26        permitting  or  requiring  the  institution  of  criminal
27        proceedings.
28             (2)  Law enforcement officers or  other  persons  or
29        agencies  shall   transmit  to  the  Department  of State
30        Police copies of fingerprints  and  descriptions  of  all
31        minors  who  have  been  arrested  or  taken into custody
32        before their 17th birthday for the  offense  of  unlawful
33        use  of  weapons under Article 24 of the Criminal Code of
34        1961, a Class X or Class 1 felony, a forcible  felony  as
                            -4-                LRB9107685RCsb
 1        defined in Section 2-8 of the Criminal Code of 1961, or a
 2        Class 2 or greater felony under the Cannabis Control Act,
 3        the  Illinois  Controlled Substances Act, or Chapter 4 of
 4        the Illinois Vehicle Code, pursuant to Section 5  of  the
 5        Criminal Identification Act.  Information reported to the
 6        Department  pursuant  to  this  Section may be maintained
 7        with  records  that  the  Department  files  pursuant  to
 8        Section 2.1 of the Criminal Identification Act.   Nothing
 9        in  this  Act  prohibits  a  law  enforcement agency from
10        fingerprinting a minor taken  into  custody  or  arrested
11        before his or her 17th birthday for an offense other than
12        those listed in this paragraph (2).
13        (C)  The  records  of law enforcement officers concerning
14    all minors under 17 years of age must be maintained  separate
15    from  the  records  of  arrests and may not be open to public
16    inspection or their contents disclosed to the  public  except
17    by  order  of  the  court or when the institution of criminal
18    proceedings has been  permitted  or  required  under  Section
19    5-805  or  such a person has been convicted of a crime and is
20    the subject of pre-sentence investigation or  proceedings  on
21    an application for probation or when provided by law.
22        (D)  Nothing  contained in subsection (C) of this Section
23    shall prohibit the inspection or disclosure  to  victims  and
24    witnesses  of  photographs  contained  in  the records of law
25    enforcement agencies when the inspection  and  disclosure  is
26    conducted  in  the  presence of a law enforcement officer for
27    the purpose of the  identification  or  apprehension  of  any
28    person  subject  to  the  provisions  of  this Act or for the
29    investigation or prosecution of any crime.
30        (E)  Law  enforcement  officers  may  not  disclose   the
31    identity of any minor in releasing information to the general
32    public  as to the arrest, investigation or disposition of any
33    case involving a minor.
34        (F)  Nothing contained in this Section shall prohibit law
                            -5-                LRB9107685RCsb
 1    enforcement agencies from communicating with  each  other  by
 2    letter,  memorandum,  teletype or intelligence alert bulletin
 3    or other means the identity  or  other  relevant  information
 4    pertaining  to  a  person  under 17 years of age if there are
 5    reasonable grounds to believe that the person  poses  a  real
 6    and  present  danger  to  the  safety  of  the  public or law
 7    enforcement officers. The  information  provided  under  this
 8    subsection  (F)  shall  remain  confidential and shall not be
 9    publicly disclosed, except as otherwise allowed by law.
10        (G)  Nothing in this Section shall prohibit the right  of
11    a  Civil  Service  Commission  or appointing authority of any
12    state, county or municipality  examining  the  character  and
13    fitness of an applicant for employment with a law enforcement
14    agency,  correctional  institution,  or  fire department from
15    obtaining and examining the records of  any  law  enforcement
16    agency  relating  to  any record of the applicant having been
17    arrested or taken into custody before  the  applicant's  17th
18    birthday.
19    (Source: P.A.  90-127,  eff.  1-1-98;  91-357,  eff. 7-29-99;
20    91-368, eff. 1-1-00.)

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