101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3683

 

Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Student Confidential Reporting Act. Subject to appropriation, requires the Illinois State Police, in consultation with the Illinois Emergency Management Agency, State Board of Education, Department of Children and Family Services, and the Department of Human Services, to establish a program for receiving reports and other information from the public regarding potential self-harm or potential harm or criminal acts directed at school students, school employees, or schools in this State. Requires the program to include a Safe2Help Illinois helpline (defined as a school helpline involving a statewide toll-free telephone number, social media, a website, or other means of communication, or a combination of a toll-free telephone number and another means of communication, that transmits voice, text, photographic, or other messages and information to the Safe2Help Illinois operators). Provides for referrals from and the discontinuance of other State-run school violence help lines (excluding the CPS Violence Prevention Hotline). Sets forth other program and Illinois State Police requirements. Contains provisions concerning the confidentiality of reported information, funding, and annual reporting. Provides that a Safe2Help Illinois employee, law enforcement agency, or law enforcement official acting in good faith in compliance with the Act shall have immunity from any civil or criminal liability that might otherwise occur as a result of handling tips, with the exception of willful or wanton misconduct. Provides that the Illinois State Police may adopt emergency rules to implement the Act. Amends various Acts to make conforming changes.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3683LRB101 13111 RLC 70273 b

1    AN ACT concerning schools.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Student Confidential Reporting Act.
 
6    Section 5. Definitions. In this Act:
7    "Safe2Help Illinois" means a school helpline involving a
8statewide toll-free telephone number, social media, a website,
9or other means of communication, or a combination of a
10toll-free telephone number and another means of communication,
11that transmits voice, text, photographic, or other messages and
12information to the Safe2Help Illinois operators.
13    "School" means a public or nonpublic school offering any
14grade from kindergarten through 12, regardless of whether
15school is in session. "School" includes all school property.
16    "School employee" means a full-time or part-time employee
17of a school or school district, including a school
18administrator, a volunteer with a school or school district, or
19any other person who provides services to a school or school
20district, while he or she is on school property. A person
21described in this definition is considered a school employee
22regardless of whether school is in session.
23    "School site" means a building, a playing field, or

 

 

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1property used for school purposes to impart instruction to
2school students or used for school purposes, functions, or
3events, regardless of whether school is in session. "School
4property" includes a school bus.
5    "School student" means a person who is enrolled as a
6student in a school regardless of whether school is in session.
 
7    Section 10. Safe2Help Illinois program management and
8administration.
9    (a) The Illinois State Police, in consultation with the
10Illinois Emergency Management Agency, State Board of
11Education, Department of Human Services, and Department of
12Children and Family Services shall, to the extent that funds
13are appropriated for that purpose, establish a program for
14receiving reports and other information from the public
15regarding potential self-harm or potential harm or criminal
16acts directed at school students, school employees, or schools
17in this State. The Illinois State Police shall establish the
18program in accordance with this Act. The Illinois State Police
19shall have access to the information needed to meet the
20reporting requirements of Section 35.
21    (b) The program shall include a Safe2Help Illinois helpline
22for operators to receive reports and information from the
23general public as described in subsection (a). The helpline
24shall be available for use 24 hours a day, 365 days a year.
25    (c) The Department of Innovation and Technology shall

 

 

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1operate a dedicated website to provide mental health and risk
2assessment information for students, promotional information
3to local law enforcement officials, school officials, and the
4general public regarding the program.
5    (d) Beginning on the date that Safe2Help Illinois is
6operational, all calls received by any State-run school
7violence help line in operation prior to the establishment of
8Safe2Help Illinois shall be directed to Safe2Help Illinois. In
9addition, any State-run school violence help line in operation
10prior to the establishment of Safe2Help Illinois shall be
11disconnected within 6 months after Safe2Help Illinois is
12operational. The CPS Violence Prevention Hotline established
13under Section 34-21.8 of the School Code and the Safe2Help
14Illinois shall cooperate with each other. If the Safe2Help
15Illinois helpline receives information about incidents
16occurring in the Chicago public schools, it shall transmit that
17information to the CPS Violence Prevention Hotline. For the
18purposes of this subsection (e), a State-run school violence
19help line does not include the CPS Violence Prevention Hotline
20established under Section 34-21.8 of the School Code. Instead,
21the Illinois State Police shall work in conjunction with the
22Chicago Board of Education and the Chicago Police Department to
23direct all applicable calls received by Safe2Help to the CPS
24Violence Prevention Hotline.
25    (f) The Illinois State Police shall be responsible for the
26continued operational and administrative oversight of the

 

 

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1program. The program shall provide for a means to review all
2reports and information submitted through Safe2Help Illinois
3and to direct those reports and that information, including any
4analysis of the potential threat as determined appropriate by
5the Illinois State Police, to local law enforcement officials
6and school officials.
7    (g) The Illinois State Police shall ensure that appropriate
8training is provided to program personnel in all of the
9following areas:
10        (1) Crisis management, including recognizing mental
11    illness and emotional disturbance.
12        (2) The resources that are available in the community
13    for providing mental health treatment and other human
14    services.
15        (3) Other matters determined by the Illinois State
16    Police to be relevant to the administration and operation
17    of the program.
18        (4) Handling of criminal intelligence information
19    regarding primary and data collection, storage, and
20    dissemination.
21    (h) A report or other information submitted to the program
22is considered to be a report to a law enforcement agency and
23shall be maintained as a record by the Illinois State Police
24for at least 5 years, subject to the confidentiality
25requirements of this Act.
26    (i) The Illinois State Police shall ensure that any

 

 

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1information submitted to the program where mental health
2emergencies are needed to be immediately referred to the
3appropriate centralized reporting system as promulgated in
4Public Act 101-45.
 
5    Section 15. Management of confidential information.
6    (a) Any report or information submitted to the program
7under Section 10 is confidential, may not be released except as
8otherwise provided in this Act or in the Juvenile Court Act of
91987, and is not subject to disclosure under the Freedom of
10Information Act.
11    (b) Any report or information submitted to the program and
12forwarded by the vendor described in subsection (d) of Section
1310 to a law enforcement official or to a school official is
14confidential, may not be released except as otherwise provided
15in this Act, and is not subject to disclosure under the Freedom
16of Information Act.
17    (c) A person who intentionally discloses information to
18another person in violation of subsection (a) or (b) commits a
19Class C misdemeanor.
 
20    Section 20. Exemptions to confidentiality of reported
21information. Information regarding a report or information
22submitted to the program under Section 10, including any
23identifying information, may be disclosed as follows:
24        (1) By the Illinois State Police, a law enforcement

 

 

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1    agency, a school, or a community mental health service
2    program or an employee of one of those entities acting in
3    the course of his or her duties. However, this paragraph
4    (1) does not allow the disclosure of information that would
5    identify the person who submitted the report or information
6    to the program under Section 10, except for an imminent
7    threat that poses a clear and present danger to the person.
8        (2) With the permission of the person or, if the person
9    is a minor, with the permission of the minor and his or her
10    parents or guardian.
11        (3) Pursuant to a court order issued under Section 25.
 
12    Section 25. Release of confidential information.
13    (a) A person who is charged with a criminal offense as a
14result of a report or information submitted under Section 10
15may petition the court for disclosure of the report or
16information, including any identifying information, as
17provided in this subsection (a). The State's Attorney having
18jurisdiction shall be notified of the petition not less than 7
19days before the hearing on the petition, or as otherwise
20provided by the court, and have the right to appear in the
21proceedings to oppose the petition.
22    If a petition is filed under this subsection (a), the court
23may conduct a hearing on the petition. If a hearing is
24conducted, it shall be conducted in chambers outside of the
25presence of the petitioner.

 

 

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1    If the court determines that the report or information,
2including any identifying information, is relevant to the
3criminal proceedings and is essential to the fair trial of the
4person, the court may order the disclosure of that report or
5information, including any identifying information, as
6determined appropriate by the court.
7    The court may place restrictions on the release and use of
8the report or information, including any identifying
9information, obtained under this subsection (a) or may redact
10material as it considers appropriate. Material reviewed by the
11court that is not ordered released or that is redacted shall be
12maintained by the court under seal for purposes of appeal only.
13    (b) If the State's Attorney has reason to believe that a
14report or other information provided under Section 10 was
15falsely provided to the Illinois State Police, the State's
16Attorney may petition the court to disclose the report or
17information, including any identifying information.
18    The Attorney General shall be notified of the petition not
19less than 7 days before the hearing on the petition, or as
20otherwise provided by the court, and has the right to appear in
21the proceedings to oppose the petition.
22    If the court determines that there is reason to believe
23that the report or information may have been falsely provided,
24the court may order the disclosure of the report or
25information, including any identifying information, as
26determined appropriate by the court.

 

 

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1    The court may place restrictions on the release and use of
2the report or information, including any identifying
3information, obtained under this subsection (b) or may redact
4material as it considers appropriate. Material reviewed by the
5court that is not ordered released or that is redacted shall be
6maintained by the court under seal for purposes of appeal only.
7    (c) The Attorney General may also appear in any other
8action to oppose the release of any report or information
9obtained under Section 10, including any identifying
10information.
 
11    Section 30. Funding.
12    (a) The Illinois State Police may receive money or other
13assets from any source for deposit into the State Police
14Operations Assistance Fund. All moneys deposited under this Act
15into the State Police Operations Assistance Fund shall be used,
16subject to appropriation, by the Illinois State Police only for
17one or more of the following purposes:
18        (1) To pay the costs of the Illinois State Police for
19    administering this Act.
20        (2) To pay the costs of personnel to staff the program
21    under Section 10.
22        (3) To pay for equipment and software for operating the
23    program.
24        (4) To promote public awareness of the program,
25    including the availability of Safe2Help Illinois and the

 

 

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1    dedicated website operated by the Illinois State Police
2    under subsection (c) of Section 10.
3        (5) To support the delivery of training and education
4    on topics that address prevention of potential harm or
5    criminal activities directed at school students, school
6    employees, and schools.
7    (b) The Illinois State Police may also accept
8contributions, grants, gifts, assets, donations, services, or
9other financial assistance from any individual, association,
10corporation, or other organization having a legitimate
11interest in the Safe2Help Illinois helpline and the health and
12well-being of students.
 
13    Section 35. Procurement; rulemaking.
14    (a) The Illinois State Police, in consultation with and
15subject to the approval of the Chief Procurement Officer, may
16procure a single contract or multiple contracts to implement
17the provisions of this Act. A contract or contracts under this
18subsection are not subject to the provisions of the Illinois
19Procurement Code, except for Sections 20-60, 20-65, 20-70, and
2020-160 and Article 50 of that Code, provided that the Chief
21Procurement Officer may, in writing with justification, waive
22any certification required under Article 50.
23    (b) To provide for the expeditious and timely
24implementation of this Act, emergency rules to implement any
25provision of this Act may be adopted by the Illinois State

 

 

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1Police subject to the provisions of Section 5-45 of the
2Illinois Administrative Procedure Act for a period not to
3exceed 180 days after the effective date of this Act.
 
4    Section 40. Annual reporting. The Illinois State Police, in
5consultation with the State Board of Education, shall prepare
6an annual report under this Act. The report shall be filed no
7later than 90 days after the conclusion of the calendar year.
8Copies of the report shall be filed with the Governor and the
9General Assembly as provided in Section 3.1 of the General
10Assembly Organization Act. The report shall also be maintained
11on the Illinois State Police's dedicated website under
12subsection (c) of Section 10. The report shall contain, but is
13not limited to, all of the following information:
14        (1) The number of reports submitted to the program
15    under Section 10.
16        (2) The number of reports submitted to the program that
17    are forwarded to local law enforcement officials and school
18    officials.
19        (3) The number of reports submitted to the program
20    resulting in referrals to mental health services.
21        (4) The nature of the reports and information submitted
22    to the program in categories established by the Illinois
23    State Police.
24        (5) An analysis of the overall effectiveness of the
25    program in addressing potential self-harm or potential

 

 

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1    harm or criminal acts directed at schools, school
2    employees, and school students.
 
3    Section 45. Immunity. A Safe2Help Illinois helpline
4employee, law enforcement agency, or law enforcement official
5acting in good faith in compliance with this Act shall have
6immunity from any civil or criminal liability that might
7otherwise occur as a result of handling tips described in this
8Act, with the exception of willful or wanton misconduct.
 
9    Section 900. The Illinois Administrative Procedure Act is
10amended by adding Section 5-45.1 as follows:
 
11    (5 ILCS 100/5-45.1 new)
12    Sec. 5-45.1. Emergency rulemaking; Student Confidential
13Reporting Act. To provide for the expeditious and timely
14implementation of the provisions of the Student Confidential
15Reporting Act, emergency rules implementing the Student
16Confidential Reporting Act may be adopted in accordance with
17Section 5-45 by the Illinois State Police. The adoption of
18emergency rules authorized by Section 5-45 and this Section is
19deemed to be necessary for the public interest, safety, and
20welfare.
21    This Section is repealed on January 1, 2026.
 
22    Section 905. The Freedom of Information Act is amended by

 

 

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1changing Section 7 as follows:
 
2    (5 ILCS 140/7)  (from Ch. 116, par. 207)
3    Sec. 7. Exemptions.
4    (1) When a request is made to inspect or copy a public
5record that contains information that is exempt from disclosure
6under this Section, but also contains information that is not
7exempt from disclosure, the public body may elect to redact the
8information that is exempt. The public body shall make the
9remaining information available for inspection and copying.
10Subject to this requirement, the following shall be exempt from
11inspection and copying:
12        (a) Information specifically prohibited from
13    disclosure by federal or State law or rules and regulations
14    implementing federal or State law.
15        (b) Private information, unless disclosure is required
16    by another provision of this Act, a State or federal law or
17    a court order.
18        (b-5) Files, documents, and other data or databases
19    maintained by one or more law enforcement agencies and
20    specifically designed to provide information to one or more
21    law enforcement agencies regarding the physical or mental
22    status of one or more individual subjects.
23        (c) Personal information contained within public
24    records, the disclosure of which would constitute a clearly
25    unwarranted invasion of personal privacy, unless the

 

 

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1    disclosure is consented to in writing by the individual
2    subjects of the information. "Unwarranted invasion of
3    personal privacy" means the disclosure of information that
4    is highly personal or objectionable to a reasonable person
5    and in which the subject's right to privacy outweighs any
6    legitimate public interest in obtaining the information.
7    The disclosure of information that bears on the public
8    duties of public employees and officials shall not be
9    considered an invasion of personal privacy.
10        (d) Records in the possession of any public body
11    created in the course of administrative enforcement
12    proceedings, and any law enforcement or correctional
13    agency for law enforcement purposes, but only to the extent
14    that disclosure would:
15            (i) interfere with pending or actually and
16        reasonably contemplated law enforcement proceedings
17        conducted by any law enforcement or correctional
18        agency that is the recipient of the request;
19            (ii) interfere with active administrative
20        enforcement proceedings conducted by the public body
21        that is the recipient of the request;
22            (iii) create a substantial likelihood that a
23        person will be deprived of a fair trial or an impartial
24        hearing;
25            (iv) unavoidably disclose the identity of a
26        confidential source, confidential information

 

 

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1        furnished only by the confidential source, or persons
2        who file complaints with or provide information to
3        administrative, investigative, law enforcement, or
4        penal agencies; except that the identities of
5        witnesses to traffic accidents, traffic accident
6        reports, and rescue reports shall be provided by
7        agencies of local government, except when disclosure
8        would interfere with an active criminal investigation
9        conducted by the agency that is the recipient of the
10        request;
11            (v) disclose unique or specialized investigative
12        techniques other than those generally used and known or
13        disclose internal documents of correctional agencies
14        related to detection, observation or investigation of
15        incidents of crime or misconduct, and disclosure would
16        result in demonstrable harm to the agency or public
17        body that is the recipient of the request;
18            (vi) endanger the life or physical safety of law
19        enforcement personnel or any other person; or
20            (vii) obstruct an ongoing criminal investigation
21        by the agency that is the recipient of the request.
22        (d-5) A law enforcement record created for law
23    enforcement purposes and contained in a shared electronic
24    record management system if the law enforcement agency that
25    is the recipient of the request did not create the record,
26    did not participate in or have a role in any of the events

 

 

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1    which are the subject of the record, and only has access to
2    the record through the shared electronic record management
3    system.
4        (e) Records that relate to or affect the security of
5    correctional institutions and detention facilities.
6        (e-5) Records requested by persons committed to the
7    Department of Corrections, Department of Human Services
8    Division of Mental Health, or a county jail if those
9    materials are available in the library of the correctional
10    institution or facility or jail where the inmate is
11    confined.
12        (e-6) Records requested by persons committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail if those
15    materials include records from staff members' personnel
16    files, staff rosters, or other staffing assignment
17    information.
18        (e-7) Records requested by persons committed to the
19    Department of Corrections or Department of Human Services
20    Division of Mental Health if those materials are available
21    through an administrative request to the Department of
22    Corrections or Department of Human Services Division of
23    Mental Health.
24        (e-8) Records requested by a person committed to the
25    Department of Corrections, Department of Human Services
26    Division of Mental Health, or a county jail, the disclosure

 

 

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1    of which would result in the risk of harm to any person or
2    the risk of an escape from a jail or correctional
3    institution or facility.
4        (e-9) Records requested by a person in a county jail or
5    committed to the Department of Corrections or Department of
6    Human Services Division of Mental Health, containing
7    personal information pertaining to the person's victim or
8    the victim's family, including, but not limited to, a
9    victim's home address, home telephone number, work or
10    school address, work telephone number, social security
11    number, or any other identifying information, except as may
12    be relevant to a requester's current or potential case or
13    claim.
14        (e-10) Law enforcement records of other persons
15    requested by a person committed to the Department of
16    Corrections, Department of Human Services Division of
17    Mental Health, or a county jail, including, but not limited
18    to, arrest and booking records, mug shots, and crime scene
19    photographs, except as these records may be relevant to the
20    requester's current or potential case or claim.
21        (f) Preliminary drafts, notes, recommendations,
22    memoranda and other records in which opinions are
23    expressed, or policies or actions are formulated, except
24    that a specific record or relevant portion of a record
25    shall not be exempt when the record is publicly cited and
26    identified by the head of the public body. The exemption

 

 

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1    provided in this paragraph (f) extends to all those records
2    of officers and agencies of the General Assembly that
3    pertain to the preparation of legislative documents.
4        (g) Trade secrets and commercial or financial
5    information obtained from a person or business where the
6    trade secrets or commercial or financial information are
7    furnished under a claim that they are proprietary,
8    privileged, or confidential, and that disclosure of the
9    trade secrets or commercial or financial information would
10    cause competitive harm to the person or business, and only
11    insofar as the claim directly applies to the records
12    requested.
13        The information included under this exemption includes
14    all trade secrets and commercial or financial information
15    obtained by a public body, including a public pension fund,
16    from a private equity fund or a privately held company
17    within the investment portfolio of a private equity fund as
18    a result of either investing or evaluating a potential
19    investment of public funds in a private equity fund. The
20    exemption contained in this item does not apply to the
21    aggregate financial performance information of a private
22    equity fund, nor to the identity of the fund's managers or
23    general partners. The exemption contained in this item does
24    not apply to the identity of a privately held company
25    within the investment portfolio of a private equity fund,
26    unless the disclosure of the identity of a privately held

 

 

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1    company may cause competitive harm.
2        Nothing contained in this paragraph (g) shall be
3    construed to prevent a person or business from consenting
4    to disclosure.
5        (h) Proposals and bids for any contract, grant, or
6    agreement, including information which if it were
7    disclosed would frustrate procurement or give an advantage
8    to any person proposing to enter into a contractor
9    agreement with the body, until an award or final selection
10    is made. Information prepared by or for the body in
11    preparation of a bid solicitation shall be exempt until an
12    award or final selection is made.
13        (i) Valuable formulae, computer geographic systems,
14    designs, drawings and research data obtained or produced by
15    any public body when disclosure could reasonably be
16    expected to produce private gain or public loss. The
17    exemption for "computer geographic systems" provided in
18    this paragraph (i) does not extend to requests made by news
19    media as defined in Section 2 of this Act when the
20    requested information is not otherwise exempt and the only
21    purpose of the request is to access and disseminate
22    information regarding the health, safety, welfare, or
23    legal rights of the general public.
24        (j) The following information pertaining to
25    educational matters:
26            (i) test questions, scoring keys and other

 

 

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1        examination data used to administer an academic
2        examination;
3            (ii) information received by a primary or
4        secondary school, college, or university under its
5        procedures for the evaluation of faculty members by
6        their academic peers;
7            (iii) information concerning a school or
8        university's adjudication of student disciplinary
9        cases, but only to the extent that disclosure would
10        unavoidably reveal the identity of the student; and
11            (iv) course materials or research materials used
12        by faculty members.
13        (k) Architects' plans, engineers' technical
14    submissions, and other construction related technical
15    documents for projects not constructed or developed in
16    whole or in part with public funds and the same for
17    projects constructed or developed with public funds,
18    including, but not limited to, power generating and
19    distribution stations and other transmission and
20    distribution facilities, water treatment facilities,
21    airport facilities, sport stadiums, convention centers,
22    and all government owned, operated, or occupied buildings,
23    but only to the extent that disclosure would compromise
24    security.
25        (l) Minutes of meetings of public bodies closed to the
26    public as provided in the Open Meetings Act until the

 

 

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1    public body makes the minutes available to the public under
2    Section 2.06 of the Open Meetings Act.
3        (m) Communications between a public body and an
4    attorney or auditor representing the public body that would
5    not be subject to discovery in litigation, and materials
6    prepared or compiled by or for a public body in
7    anticipation of a criminal, civil, or administrative
8    proceeding upon the request of an attorney advising the
9    public body, and materials prepared or compiled with
10    respect to internal audits of public bodies.
11        (n) Records relating to a public body's adjudication of
12    employee grievances or disciplinary cases; however, this
13    exemption shall not extend to the final outcome of cases in
14    which discipline is imposed.
15        (o) Administrative or technical information associated
16    with automated data processing operations, including, but
17    not limited to, software, operating protocols, computer
18    program abstracts, file layouts, source listings, object
19    modules, load modules, user guides, documentation
20    pertaining to all logical and physical design of
21    computerized systems, employee manuals, and any other
22    information that, if disclosed, would jeopardize the
23    security of the system or its data or the security of
24    materials exempt under this Section.
25        (p) Records relating to collective negotiating matters
26    between public bodies and their employees or

 

 

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1    representatives, except that any final contract or
2    agreement shall be subject to inspection and copying.
3        (q) Test questions, scoring keys, and other
4    examination data used to determine the qualifications of an
5    applicant for a license or employment.
6        (r) The records, documents, and information relating
7    to real estate purchase negotiations until those
8    negotiations have been completed or otherwise terminated.
9    With regard to a parcel involved in a pending or actually
10    and reasonably contemplated eminent domain proceeding
11    under the Eminent Domain Act, records, documents, and
12    information relating to that parcel shall be exempt except
13    as may be allowed under discovery rules adopted by the
14    Illinois Supreme Court. The records, documents, and
15    information relating to a real estate sale shall be exempt
16    until a sale is consummated.
17        (s) Any and all proprietary information and records
18    related to the operation of an intergovernmental risk
19    management association or self-insurance pool or jointly
20    self-administered health and accident cooperative or pool.
21    Insurance or self insurance (including any
22    intergovernmental risk management association or self
23    insurance pool) claims, loss or risk management
24    information, records, data, advice or communications.
25        (t) Information contained in or related to
26    examination, operating, or condition reports prepared by,

 

 

SB3683- 22 -LRB101 13111 RLC 70273 b

1    on behalf of, or for the use of a public body responsible
2    for the regulation or supervision of financial
3    institutions, insurance companies, or pharmacy benefit
4    managers, unless disclosure is otherwise required by State
5    law.
6        (u) Information that would disclose or might lead to
7    the disclosure of secret or confidential information,
8    codes, algorithms, programs, or private keys intended to be
9    used to create electronic or digital signatures under the
10    Electronic Commerce Security Act.
11        (v) Vulnerability assessments, security measures, and
12    response policies or plans that are designed to identify,
13    prevent, or respond to potential attacks upon a community's
14    population or systems, facilities, or installations, the
15    destruction or contamination of which would constitute a
16    clear and present danger to the health or safety of the
17    community, but only to the extent that disclosure could
18    reasonably be expected to jeopardize the effectiveness of
19    the measures or the safety of the personnel who implement
20    them or the public. Information exempt under this item may
21    include such things as details pertaining to the
22    mobilization or deployment of personnel or equipment, to
23    the operation of communication systems or protocols, or to
24    tactical operations.
25        (w) (Blank).
26        (x) Maps and other records regarding the location or

 

 

SB3683- 23 -LRB101 13111 RLC 70273 b

1    security of generation, transmission, distribution,
2    storage, gathering, treatment, or switching facilities
3    owned by a utility, by a power generator, or by the
4    Illinois Power Agency.
5        (y) Information contained in or related to proposals,
6    bids, or negotiations related to electric power
7    procurement under Section 1-75 of the Illinois Power Agency
8    Act and Section 16-111.5 of the Public Utilities Act that
9    is determined to be confidential and proprietary by the
10    Illinois Power Agency or by the Illinois Commerce
11    Commission.
12        (z) Information about students exempted from
13    disclosure under Sections 10-20.38 or 34-18.29 of the
14    School Code, and information about undergraduate students
15    enrolled at an institution of higher education exempted
16    from disclosure under Section 25 of the Illinois Credit
17    Card Marketing Act of 2009.
18        (aa) Information the disclosure of which is exempted
19    under the Viatical Settlements Act of 2009.
20        (bb) Records and information provided to a mortality
21    review team and records maintained by a mortality review
22    team appointed under the Department of Juvenile Justice
23    Mortality Review Team Act.
24        (cc) Information regarding interments, entombments, or
25    inurnments of human remains that are submitted to the
26    Cemetery Oversight Database under the Cemetery Care Act or

 

 

SB3683- 24 -LRB101 13111 RLC 70273 b

1    the Cemetery Oversight Act, whichever is applicable.
2        (dd) Correspondence and records (i) that may not be
3    disclosed under Section 11-9 of the Illinois Public Aid
4    Code or (ii) that pertain to appeals under Section 11-8 of
5    the Illinois Public Aid Code.
6        (ee) The names, addresses, or other personal
7    information of persons who are minors and are also
8    participants and registrants in programs of park
9    districts, forest preserve districts, conservation
10    districts, recreation agencies, and special recreation
11    associations.
12        (ff) The names, addresses, or other personal
13    information of participants and registrants in programs of
14    park districts, forest preserve districts, conservation
15    districts, recreation agencies, and special recreation
16    associations where such programs are targeted primarily to
17    minors.
18        (gg) Confidential information described in Section
19    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
20        (hh) The report submitted to the State Board of
21    Education by the School Security and Standards Task Force
22    under item (8) of subsection (d) of Section 2-3.160 of the
23    School Code and any information contained in that report.
24        (ii) Records requested by persons committed to or
25    detained by the Department of Human Services under the
26    Sexually Violent Persons Commitment Act or committed to the

 

 

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1    Department of Corrections under the Sexually Dangerous
2    Persons Act if those materials: (i) are available in the
3    library of the facility where the individual is confined;
4    (ii) include records from staff members' personnel files,
5    staff rosters, or other staffing assignment information;
6    or (iii) are available through an administrative request to
7    the Department of Human Services or the Department of
8    Corrections.
9        (jj) Confidential information described in Section
10    5-535 of the Civil Administrative Code of Illinois.
11        (kk) The public body's credit card numbers, debit card
12    numbers, bank account numbers, Federal Employer
13    Identification Number, security code numbers, passwords,
14    and similar account information, the disclosure of which
15    could result in identity theft or impression or defrauding
16    of a governmental entity or a person.
17        (ll) (kk) Records concerning the work of the threat
18    assessment team of a school district.
19        (mm) Information prohibited from being disclosed under
20    subsections (a) and (b) of Section 15 of the Student
21    Confidential Reporting Act.
22    (1.5) Any information exempt from disclosure under the
23Judicial Privacy Act shall be redacted from public records
24prior to disclosure under this Act.
25    (2) A public record that is not in the possession of a
26public body but is in the possession of a party with whom the

 

 

SB3683- 26 -LRB101 13111 RLC 70273 b

1agency has contracted to perform a governmental function on
2behalf of the public body, and that directly relates to the
3governmental function and is not otherwise exempt under this
4Act, shall be considered a public record of the public body,
5for purposes of this Act.
6    (3) This Section does not authorize withholding of
7information or limit the availability of records to the public,
8except as stated in this Section or otherwise provided in this
9Act.
10(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
11100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
121-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
13    Section 910. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by adding
15Section 2605-615 as follows:
 
16    (20 ILCS 2605/2605-615 new)
17    Sec. 2605-615. School helpline program. The Illinois State
18Police shall establish a school helpline program in accordance
19with the Student Confidential Reporting Act.
 
20    Section 915. The Juvenile Court Act of 1987 is amended by
21changing Section 5-915 as follows:
 
22    (705 ILCS 405/5-915)

 

 

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1    Sec. 5-915. Expungement of juvenile law enforcement and
2juvenile court records.
3    (0.05) (Blank).
4    (0.1) (a) The Department of State Police and all law
5enforcement agencies within the State shall automatically
6expunge, on or before January 1 of each year, except as
7described in paragraph (c) of subsection (0.1), all juvenile
8law enforcement records relating to events occurring before an
9individual's 18th birthday if:
10        (1) one year or more has elapsed since the date of the
11    arrest or law enforcement interaction documented in the
12    records;
13        (2) no petition for delinquency or criminal charges
14    were filed with the clerk of the circuit court relating to
15    the arrest or law enforcement interaction documented in the
16    records; and
17        (3) 6 months have elapsed since the date of the arrest
18    without an additional subsequent arrest or filing of a
19    petition for delinquency or criminal charges whether
20    related or not to the arrest or law enforcement interaction
21    documented in the records.
22    (b) If the law enforcement agency is unable to verify
23satisfaction of conditions (2) and (3) of this subsection
24(0.1), records that satisfy condition (1) of this subsection
25(0.1) shall be automatically expunged if the records relate to
26an offense that if committed by an adult would not be an

 

 

SB3683- 28 -LRB101 13111 RLC 70273 b

1offense classified as Class 2 felony or higher, an offense
2under Article 11 of the Criminal Code of 1961 or Criminal Code
3of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961.
5    (c) If the juvenile law enforcement record was received
6through a public submission to a statewide student confidential
7reporting system administered by the Illinois State Police, the
8record will maintained for a period of five years according to
9all other provisions in subsection (0.1).
10    (0.15) If a juvenile law enforcement record meets paragraph
11(a) of subsection (0.1) of this Section, a juvenile law
12enforcement record created:
13        (1) prior to January 1, 2018, but on or after January
14    1, 2013 shall be automatically expunged prior to January 1,
15    2020;
16        (2) prior to January 1, 2013, but on or after January
17    1, 2000, shall be automatically expunged prior to January
18    1, 2023; and
19        (3) prior to January 1, 2000 shall not be subject to
20    the automatic expungement provisions of this Act.
21Nothing in this subsection (0.15) shall be construed to
22restrict or modify an individual's right to have his or her
23juvenile law enforcement records expunged except as otherwise
24may be provided in this Act.
25    (0.2) (a) Upon dismissal of a petition alleging delinquency
26or upon a finding of not delinquent, the successful termination

 

 

SB3683- 29 -LRB101 13111 RLC 70273 b

1of an order of supervision, or the successful termination of an
2adjudication for an offense which would be a Class B
3misdemeanor, Class C misdemeanor, or a petty or business
4offense if committed by an adult, the court shall automatically
5order the expungement of the juvenile court records and
6juvenile law enforcement records. The clerk shall deliver a
7certified copy of the expungement order to the Department of
8State Police and the arresting agency. Upon request, the
9State's Attorney shall furnish the name of the arresting
10agency. The expungement shall be completed within 60 business
11days after the receipt of the expungement order.
12    (b) If the chief law enforcement officer of the agency, or
13his or her designee, certifies in writing that certain
14information is needed for a pending investigation involving the
15commission of a felony, that information, and information
16identifying the juvenile, may be retained until the statute of
17limitations for the felony has run. If the chief law
18enforcement officer of the agency, or his or her designee,
19certifies in writing that certain information is needed with
20respect to an internal investigation of any law enforcement
21office, that information and information identifying the
22juvenile may be retained within an intelligence file until the
23investigation is terminated or the disciplinary action,
24including appeals, has been completed, whichever is later.
25Retention of a portion of a juvenile's law enforcement record
26does not disqualify the remainder of his or her record from

 

 

SB3683- 30 -LRB101 13111 RLC 70273 b

1immediate automatic expungement.
2    (0.3) (a) Upon an adjudication of delinquency based on any
3offense except a disqualified offense, the juvenile court shall
4automatically order the expungement of the juvenile court and
5law enforcement records 2 years after the juvenile's case was
6closed if no delinquency or criminal proceeding is pending and
7the person has had no subsequent delinquency adjudication or
8criminal conviction. The clerk shall deliver a certified copy
9of the expungement order to the Department of State Police and
10the arresting agency. Upon request, the State's Attorney shall
11furnish the name of the arresting agency. The expungement shall
12be completed within 60 business days after the receipt of the
13expungement order. In this subsection (0.3), "disqualified
14offense" means any of the following offenses: Section 8-1.2,
159-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1610-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1711-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1812-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
1918-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2024-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2129D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
22Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
23of subsection (a) of Section 11-14.4, subsection (a-5) of
24Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
25Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
26paragraph (1) or (2) of subsection (a) of Section 12-7.4,

 

 

SB3683- 31 -LRB101 13111 RLC 70273 b

1subparagraph (i) of paragraph (1) of subsection (a) of Section
212-9, subparagraph (H) of paragraph (3) of subsection (a) of
3Section 24-1.6, paragraph (1) of subsection (a) of Section
425-1, or subsection (a-7) of Section 31-1 of the Criminal Code
5of 2012.
6    (b) If the chief law enforcement officer of the agency, or
7his or her designee, certifies in writing that certain
8information is needed for a pending investigation involving the
9commission of a felony, that information, and information
10identifying the juvenile, may be retained in an intelligence
11file until the investigation is terminated or for one
12additional year, whichever is sooner. Retention of a portion of
13a juvenile's juvenile law enforcement record does not
14disqualify the remainder of his or her record from immediate
15automatic expungement.
16    (0.4) Automatic expungement for the purposes of this
17Section shall not require law enforcement agencies to
18obliterate or otherwise destroy juvenile law enforcement
19records that would otherwise need to be automatically expunged
20under this Act, except after 2 years following the subject
21arrest for purposes of use in civil litigation against a
22governmental entity or its law enforcement agency or personnel
23which created, maintained, or used the records. However, these
24juvenile law enforcement records shall be considered expunged
25for all other purposes during this period and the offense,
26which the records or files concern, shall be treated as if it

 

 

SB3683- 32 -LRB101 13111 RLC 70273 b

1never occurred as required under Section 5-923.
2    (0.5) Subsection (0.1) or (0.2) of this Section does not
3apply to violations of traffic, boating, fish and game laws, or
4county or municipal ordinances.
5    (0.6) Juvenile law enforcement records of a plaintiff who
6has filed civil litigation against the governmental entity or
7its law enforcement agency or personnel that created,
8maintained, or used the records, or juvenile law enforcement
9records that contain information related to the allegations set
10forth in the civil litigation may not be expunged until after 2
11years have elapsed after the conclusion of the lawsuit,
12including any appeal.
13    (0.7) Officer-worn body camera recordings shall not be
14automatically expunged except as otherwise authorized by the
15Law Enforcement Officer-Worn Body Camera Act.
16    (1) Whenever a person has been arrested, charged, or
17adjudicated delinquent for an incident occurring before his or
18her 18th birthday that if committed by an adult would be an
19offense, and that person's juvenile law enforcement and
20juvenile court records are not eligible for automatic
21expungement under subsection (0.1), (0.2), or (0.3), the person
22may petition the court at any time for expungement of juvenile
23law enforcement records and juvenile court records relating to
24the incident and, upon termination of all juvenile court
25proceedings relating to that incident, the court shall order
26the expungement of all records in the possession of the

 

 

SB3683- 33 -LRB101 13111 RLC 70273 b

1Department of State Police, the clerk of the circuit court, and
2law enforcement agencies relating to the incident, but only in
3any of the following circumstances:
4        (a) the minor was arrested and no petition for
5    delinquency was filed with the clerk of the circuit court;
6        (a-5) the minor was charged with an offense and the
7    petition or petitions were dismissed without a finding of
8    delinquency;
9        (b) the minor was charged with an offense and was found
10    not delinquent of that offense;
11        (c) the minor was placed under supervision under
12    Section 5-615, and the order of supervision has since been
13    successfully terminated; or
14        (d) the minor was adjudicated for an offense which
15    would be a Class B misdemeanor, Class C misdemeanor, or a
16    petty or business offense if committed by an adult.
17    (1.5) The Department of State Police shall allow a person
18to use the Access and Review process, established in the
19Department of State Police, for verifying that his or her
20juvenile law enforcement records relating to incidents
21occurring before his or her 18th birthday eligible under this
22Act have been expunged.
23    (1.6) (Blank).
24    (1.7) (Blank).
25    (1.8) (Blank).
26    (2) Any person whose delinquency adjudications are not

 

 

SB3683- 34 -LRB101 13111 RLC 70273 b

1eligible for automatic expungement under subsection (0.3) of
2this Section may petition the court to expunge all juvenile law
3enforcement records relating to any incidents occurring before
4his or her 18th birthday which did not result in proceedings in
5criminal court and all juvenile court records with respect to
6any adjudications except those based upon first degree murder
7or an offense under Article 11 of the Criminal Code of 2012 if
8the person is required to register under the Sex Offender
9Registration Act at the time he or she petitions the court for
10expungement; provided that: (a) (blank); or (b) 2 years have
11elapsed since all juvenile court proceedings relating to him or
12her have been terminated and his or her commitment to the
13Department of Juvenile Justice under this Act has been
14terminated.
15    (2.5) If a minor is arrested and no petition for
16delinquency is filed with the clerk of the circuit court at the
17time the minor is released from custody, the youth officer, if
18applicable, or other designated person from the arresting
19agency, shall notify verbally and in writing to the minor or
20the minor's parents or guardians that the minor shall have an
21arrest record and shall provide the minor and the minor's
22parents or guardians with an expungement information packet,
23information regarding this State's expungement laws including
24a petition to expunge juvenile law enforcement and juvenile
25court records obtained from the clerk of the circuit court.
26    (2.6) If a minor is referred to court, then, at the time of

 

 

SB3683- 35 -LRB101 13111 RLC 70273 b

1sentencing, or dismissal of the case, or successful completion
2of supervision, the judge shall inform the delinquent minor of
3his or her rights regarding expungement and the clerk of the
4circuit court shall provide an expungement information packet
5to the minor, written in plain language, including information
6regarding this State's expungement laws and a petition for
7expungement, a sample of a completed petition, expungement
8instructions that shall include information informing the
9minor that (i) once the case is expunged, it shall be treated
10as if it never occurred, (ii) he or she may apply to have
11petition fees waived, (iii) once he or she obtains an
12expungement, he or she may not be required to disclose that he
13or she had a juvenile law enforcement or juvenile court record,
14and (iv) if petitioning he or she may file the petition on his
15or her own or with the assistance of an attorney. The failure
16of the judge to inform the delinquent minor of his or her right
17to petition for expungement as provided by law does not create
18a substantive right, nor is that failure grounds for: (i) a
19reversal of an adjudication of delinquency; , (ii) a new trial;
20or (iii) an appeal.
21    (2.7) (Blank).
22    (2.8) (Blank).
23    (3) (Blank).
24    (3.1) (Blank).
25    (3.2) (Blank).
26    (3.3) (Blank).

 

 

SB3683- 36 -LRB101 13111 RLC 70273 b

1    (4) (Blank).
2    (5) (Blank).
3    (5.5) Whether or not expunged, records eligible for
4automatic expungement under subdivision (0.1)(a), (0.2)(a), or
5(0.3)(a) may be treated as expunged by the individual subject
6to the records.
7    (6) (Blank).
8    (6.5) The Department of State Police or any employee of the
9Department shall be immune from civil or criminal liability for
10failure to expunge any records of arrest that are subject to
11expungement under this Section because of inability to verify a
12record. Nothing in this Section shall create Department of
13State Police liability or responsibility for the expungement of
14juvenile law enforcement records it does not possess.
15    (7) (Blank).
16    (7.5) (Blank).
17    (8)(a) (Blank). (b) (Blank). (c) The expungement of
18juvenile law enforcement or juvenile court records under
19subsection (0.1), (0.2), or (0.3) of this Section shall be
20funded by appropriation by the General Assembly for that
21purpose.
22    (9) (Blank).
23    (10) (Blank).
24(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
25100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
268-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,

 

 

SB3683- 37 -LRB101 13111 RLC 70273 b

1eff. 12-20-18; revised 7-16-19.)
 
2    Section 920. The State Finance Act is amended by adding
3Section 5.930 as follows:
 
4    (30 ILCS 105/5.930 new)
5    Sec. 5.930. The Student Safety Fund.

 

 

SB3683- 38 -LRB101 13111 RLC 70273 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 100/5-45.1 new
5    5 ILCS 140/7from Ch. 116, par. 207
6    20 ILCS 2605/2605-615 new
7    705 ILCS 405/5-915
8    30 ILCS 105/5.930 new