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Public Act 097-1104


 

Public Act 1104 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1104
 
HB5602 EnrolledLRB097 17841 RLC 63061 b

    AN ACT concerning juveniles.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
22-20 as follows:
 
    (105 ILCS 5/22-20)  (from Ch. 122, par. 22-20)
    Sec. 22-20. All courts and law enforcement agencies of the
State of Illinois and its political subdivisions shall report
to the principal of any public school in this State whenever a
child enrolled therein is detained for proceedings under the
Juvenile Court Act of 1987, as heretofore and hereafter
amended, or for any criminal offense or any violation of a
municipal or county ordinance. The report shall include the
basis for detaining the child, circumstances surrounding the
events which led to the child's detention, and status of
proceedings. The report shall be updated as appropriate to
notify the principal of developments and the disposition of the
matter.
    The information derived thereby shall be kept separate from
and shall not become a part of the official school record of
such child and shall not be a public record. Such information
shall be used solely by the appropriate school official or
officials whom the school has determined to have a legitimate
educational or safety interest principal, counselors and
teachers of the school to aid in the proper rehabilitation of
the child and to protect the safety of students and employees
in the school.
(Source: P.A. 89-610, eff. 8-6-96.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7 and 5-905 as follows:
 
    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
    Sec. 1-7. Confidentiality of law enforcement records.
    (A) Inspection and copying of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
17th birthday shall be restricted to the following:
        (1) Any local, State or federal law enforcement
    officers of any jurisdiction or agency when necessary for
    the discharge of their official duties during the
    investigation or prosecution of a crime or relating to a
    minor who has been adjudicated delinquent and there has
    been a previous finding that the act which constitutes the
    previous offense was committed in furtherance of criminal
    activities by a criminal street gang, or, when necessary
    for the discharge of its official duties in connection with
    a particular investigation of the conduct of a law
    enforcement officer, an independent agency or its staff
    created by ordinance and charged by a unit of local
    government with the duty of investigating the conduct of
    law enforcement officers. For purposes of this Section,
    "criminal street gang" has the meaning ascribed to it in
    Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (2) Prosecutors, probation officers, social workers,
    or other individuals assigned by the court to conduct a
    pre-adjudication or pre-disposition investigation, and
    individuals responsible for supervising or providing
    temporary or permanent care and custody for minors pursuant
    to the order of the juvenile court, when essential to
    performing their responsibilities.
        (3) Prosecutors and probation officers:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805; or
            (b) when institution of criminal proceedings has
        been permitted or required under Section 5-805 and such
        minor is the subject of a proceeding to determine the
        amount of bail; or
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and such minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation, fitness hearing, or proceedings on an
        application for probation.
        (4) Adult and Juvenile Prisoner Review Board.
        (5) Authorized military personnel.
        (6) Persons engaged in bona fide research, with the
    permission of the Presiding Judge of the Juvenile Court and
    the chief executive of the respective law enforcement
    agency; provided that publication of such research results
    in no disclosure of a minor's identity and protects the
    confidentiality of the minor's record.
        (7) Department of Children and Family Services child
    protection investigators acting in their official
    capacity.
        (8) The appropriate school official only if the agency
    or officer believes that there is an imminent threat of
    physical harm to students, school personnel, or others who
    are present in the school or on school grounds.
             (A) Inspection and copying shall be limited to law
        enforcement records transmitted to the appropriate
        school official or officials whom the school has
        determined to have a legitimate educational or safety
        interest by a local law enforcement agency under a
        reciprocal reporting system established and maintained
        between the school district and the local law
        enforcement agency under Section 10-20.14 of the
        School Code concerning a minor enrolled in a school
        within the school district who has been arrested or
        taken into custody for any of the following offenses:
            (i) any violation of Article 24 unlawful use of
        weapons under Section 24-1 of the Criminal Code of
        1961;
            (ii) a violation of the Illinois Controlled
        Substances Act;
            (iii) a violation of the Cannabis Control Act;
            (iv) a forcible felony as defined in Section 2-8 of
        the Criminal Code of 1961; or
            (v) a violation of the Methamphetamine Control and
        Community Protection Act; .
            (vi) a violation of Section 1-2 of the Harassing
        and Obscene Communications Act;
            (vii) a violation of the Hazing Act; or
            (viii) a violation of Section 12-1, 12-2, 12-3,
        12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3,
        12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of
        1961.
            The information derived from the law enforcement
        records shall be kept separate from and shall not
        become a part of the official school record of that
        child and shall not be a public record. The information
        shall be used solely by the appropriate school official
        or officials whom the school has determined to have a
        legitimate educational or safety interest to aid in the
        proper rehabilitation of the child and to protect the
        safety of students and employees in the school. If the
        designated law enforcement and school officials deem
        it to be in the best interest of the minor, the student
        may be referred to in-school or community based social
        services if those services are available.
        "Rehabilitation services" may include interventions by
        school support personnel, evaluation for eligibility
        for special education, referrals to community-based
        agencies such as youth services, behavioral healthcare
        service providers, drug and alcohol prevention or
        treatment programs, and other interventions as deemed
        appropriate for the student.
            (B) Any information provided to appropriate school
        officials whom the school has determined to have a
        legitimate educational or safety interest by local law
        enforcement officials about a minor who is the subject
        of a current police investigation that is directly
        related to school safety shall consist of oral
        information only, and not written law enforcement
        records, and shall be used solely by the appropriate
        school official or officials to protect the safety of
        students and employees in the school and aid in the
        proper rehabilitation of the child. The information
        derived orally from the local law enforcement
        officials shall be kept separate from and shall not
        become a part of the official school record of the
        child and shall not be a public record. This limitation
        on the use of information about a minor who is the
        subject of a current police investigation shall in no
        way limit the use of this information by prosecutors in
        pursuing criminal charges arising out of the
        information disclosed during a police investigation of
        the minor. For purposes of this paragraph,
        "investigation" means an official systematic inquiry
        by a law enforcement agency into actual or suspected
        criminal activity.
        (9) Mental health professionals on behalf of the
    Illinois Department of Corrections or the Department of
    Human Services or prosecutors who are evaluating,
    prosecuting, or investigating a potential or actual
    petition brought under the Sexually Violent Persons
    Commitment Act relating to a person who is the subject of
    juvenile law enforcement records or the respondent to a
    petition brought under the Sexually Violent Persons
    Commitment Act who is the subject of the juvenile law
    enforcement records sought. Any records and any
    information obtained from those records under this
    paragraph (9) may be used only in sexually violent persons
    commitment proceedings.
    (B) (1) Except as provided in paragraph (2), no law
    enforcement officer or other person or agency may knowingly
    transmit to the Department of Corrections, Adult Division
    or the Department of State Police or to the Federal Bureau
    of Investigation any fingerprint or photograph relating to
    a minor who has been arrested or taken into custody before
    his or her 17th birthday, unless the court in proceedings
    under this Act authorizes the transmission or enters an
    order under Section 5-805 permitting or requiring the
    institution of criminal proceedings.
        (2) Law enforcement officers or other persons or
    agencies shall transmit to the Department of State Police
    copies of fingerprints and descriptions of all minors who
    have been arrested or taken into custody before their 17th
    birthday for the offense of unlawful use of weapons under
    Article 24 of the Criminal Code of 1961, a Class X or Class
    1 felony, a forcible felony as defined in Section 2-8 of
    the Criminal Code of 1961, or a Class 2 or greater felony
    under the Cannabis Control Act, the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
    pursuant to Section 5 of the Criminal Identification Act.
    Information reported to the Department pursuant to this
    Section may be maintained with records that the Department
    files pursuant to Section 2.1 of the Criminal
    Identification Act. Nothing in this Act prohibits a law
    enforcement agency from fingerprinting a minor taken into
    custody or arrested before his or her 17th birthday for an
    offense other than those listed in this paragraph (2).
    (C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 17
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public except by order of the court
presiding over matters pursuant to this Act or when the
institution of criminal proceedings has been permitted or
required under Section 5-805 or such a person has been
convicted of a crime and is the subject of pre-sentence
investigation or proceedings on an application for probation or
when provided by law. For purposes of obtaining documents
pursuant to this Section, a civil subpoena is not an order of
the court.
        (1) In cases where the law enforcement, or independent
    agency, records concern a pending juvenile court case, the
    party seeking to inspect the records shall provide actual
    notice to the attorney or guardian ad litem of the minor
    whose records are sought.
        (2) In cases where the records concern a juvenile court
    case that is no longer pending, the party seeking to
    inspect the records shall provide actual notice to the
    minor or the minor's parent or legal guardian, and the
    matter shall be referred to the chief judge presiding over
    matters pursuant to this Act.
        (3) In determining whether the records should be
    available for inspection, the court shall consider the
    minor's interest in confidentiality and rehabilitation
    over the moving party's interest in obtaining the
    information. Any records obtained in violation of this
    subsection (C) shall not be admissible in any criminal or
    civil proceeding, or operate to disqualify a minor from
    subsequently holding public office or securing employment,
    or operate as a forfeiture of any public benefit, right,
    privilege, or right to receive any license granted by
    public authority.
    (D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
    (E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
    (F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin or
other means the identity or other relevant information
pertaining to a person under 17 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
    (G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department from obtaining
and examining the records of any law enforcement agency
relating to any record of the applicant having been arrested or
taken into custody before the applicant's 17th birthday.
(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
    (705 ILCS 405/5-905)
    Sec. 5-905. Law enforcement records.
    (1) Law Enforcement Records. Inspection and copying of law
enforcement records maintained by law enforcement agencies
that relate to a minor who has been arrested or taken into
custody before his or her 17th birthday shall be restricted to
the following and when necessary for the discharge of their
official duties:
        (a) A judge of the circuit court and members of the
    staff of the court designated by the judge;
        (b) Law enforcement officers, probation officers or
    prosecutors or their staff, or, when necessary for the
    discharge of its official duties in connection with a
    particular investigation of the conduct of a law
    enforcement officer, an independent agency or its staff
    created by ordinance and charged by a unit of local
    government with the duty of investigating the conduct of
    law enforcement officers;
        (c) The minor, the minor's parents or legal guardian
    and their attorneys, but only when the juvenile has been
    charged with an offense;
        (d) Adult and Juvenile Prisoner Review Boards;
        (e) Authorized military personnel;
        (f) Persons engaged in bona fide research, with the
    permission of the judge of juvenile court and the chief
    executive of the agency that prepared the particular
    recording: provided that publication of such research
    results in no disclosure of a minor's identity and protects
    the confidentiality of the record;
        (g) Individuals responsible for supervising or
    providing temporary or permanent care and custody of minors
    pursuant to orders of the juvenile court or directives from
    officials of the Department of Children and Family Services
    or the Department of Human Services who certify in writing
    that the information will not be disclosed to any other
    party except as provided under law or order of court;
        (h) The appropriate school official only if the agency
    or officer believes that there is an imminent threat of
    physical harm to students, school personnel, or others who
    are present in the school or on school grounds.
             (A) Inspection and copying shall be limited to law
        enforcement records transmitted to the appropriate
        school official or officials whom the school has
        determined to have a legitimate educational or safety
        interest by a local law enforcement agency under a
        reciprocal reporting system established and maintained
        between the school district and the local law
        enforcement agency under Section 10-20.14 of the
        School Code concerning a minor enrolled in a school
        within the school district who has been arrested or
        taken into custody for any of the following offenses:
            (i) any violation of Article 24 of the Criminal
        Code of 1961;
            (ii) a violation of the Illinois Controlled
        Substances Act;
            (iii) a violation of the Cannabis Control Act;
            (iv) a forcible felony as defined in Section 2-8 of
        the Criminal Code of 1961;
            (v) a violation of the Methamphetamine Control and
        Community Protection Act;
            (vi) a violation of Section 1-2 of the Harassing
        and Obscene Communications Act;
            (vii) a violation of the Hazing Act; or
            (viii) a violation of Section 12-1, 12-2, 12-3,
        12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3,
        12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of
        1961.
            The information derived from the law enforcement
        records shall be kept separate from and shall not
        become a part of the official school record of that
        child and shall not be a public record. The information
        shall be used solely by the appropriate school official
        or officials whom the school has determined to have a
        legitimate educational or safety interest to aid in the
        proper rehabilitation of the child and to protect the
        safety of students and employees in the school. If the
        designated law enforcement and school officials deem
        it to be in the best interest of the minor, the student
        may be referred to in-school or community based social
        services if those services are available.
        "Rehabilitation services" may include interventions by
        school support personnel, evaluation for eligibility
        for special education, referrals to community-based
        agencies such as youth services, behavioral healthcare
        service providers, drug and alcohol prevention or
        treatment programs, and other interventions as deemed
        appropriate for the student.
            (B) Any information provided to appropriate school
        officials whom the school has determined to have a
        legitimate educational or safety interest by local law
        enforcement officials about a minor who is the subject
        of a current police investigation that is directly
        related to school safety shall consist of oral
        information only, and not written law enforcement
        records, and shall be used solely by the appropriate
        school official or officials to protect the safety of
        students and employees in the school and aid in the
        proper rehabilitation of the child. The information
        derived orally from the local law enforcement
        officials shall be kept separate from and shall not
        become a part of the official school record of the
        child and shall not be a public record. This limitation
        on the use of information about a minor who is the
        subject of a current police investigation shall in no
        way limit the use of this information by prosecutors in
        pursuing criminal charges arising out of the
        information disclosed during a police investigation of
        the minor. For purposes of this paragraph,
        "investigation" means an official systematic inquiry
        by a law enforcement agency into actual or suspected
        criminal activity. offense classified as a felony or a
        Class A or B misdemeanor.
    (2) Information identifying victims and alleged victims of
sex offenses, shall not be disclosed or open to public
inspection under any circumstances. Nothing in this Section
shall prohibit the victim or alleged victim of any sex offense
from voluntarily disclosing his or her identity.
    (2.5) If the minor is a victim of aggravated battery,
battery, attempted first degree murder, or other non-sexual
violent offense, the identity of the victim may be disclosed to
appropriate school officials, for the purpose of preventing
foreseeable future violence involving minors, by a local law
enforcement agency pursuant to an agreement established
between the school district and a local law enforcement agency
subject to the approval by the presiding judge of the juvenile
court.
    (3) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
    (4) Nothing in this Section shall prohibit the inspection
or disclosure to victims and witnesses of photographs contained
in the records of law enforcement agencies when the inspection
or disclosure is conducted in the presence of a law enforcement
officer for purposes of identification or apprehension of any
person in the course of any criminal investigation or
prosecution.
    (5) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 17
years of age must be maintained separate from the records of
adults and may not be open to public inspection or their
contents disclosed to the public except by order of the court
or when the institution of criminal proceedings has been
permitted under Section 5-130 or 5-805 or required under
Section 5-130 or 5-805 or such a person has been convicted of a
crime and is the subject of pre-sentence investigation or when
provided by law.
    (6) Except as otherwise provided in this subsection (6),
law enforcement officers, and personnel of an independent
agency created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of law
enforcement officers, may not disclose the identity of any
minor in releasing information to the general public as to the
arrest, investigation or disposition of any case involving a
minor. Any victim or parent or legal guardian of a victim may
petition the court to disclose the name and address of the
minor and the minor's parents or legal guardian, or both. Upon
a finding by clear and convincing evidence that the disclosure
is either necessary for the victim to pursue a civil remedy
against the minor or the minor's parents or legal guardian, or
both, or to protect the victim's person or property from the
minor, then the court may order the disclosure of the
information to the victim or to the parent or legal guardian of
the victim only for the purpose of the victim pursuing a civil
remedy against the minor or the minor's parents or legal
guardian, or both, or to protect the victim's person or
property from the minor.
    (7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity
from communicating with each other by letter, memorandum,
teletype or intelligence alert bulletin or other means the
identity or other relevant information pertaining to a person
under 17 years of age. The information provided under this
subsection (7) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
    (8) No person shall disclose information under this Section
except when acting in his or her official capacity and as
provided by law or order of court.
(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)

Effective Date: 1/1/2013