97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5602

 

Introduced 2/15/2012, by Rep. Carol A. Sente

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-20  from Ch. 122, par. 22-20
705 ILCS 405/1-7  from Ch. 37, par. 801-7
705 ILCS 405/5-905

    Amends the School Code and the Juvenile Court Act of 1987. Provides that the 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 may be released to appropriate school officials by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency concerning a minor enrolled in a school within the school district who is the subject of a police investigation, or has been arrested or taken into custody for an offense classified as a felony or a Class A or B misdemeanor. Provides that 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. Provides that the information shall be used solely by the appropriate school official or officials to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school.


LRB097 17841 RLC 63061 b

 

 

A BILL FOR

 

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1    AN ACT concerning juveniles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
522-20 as follows:
 
6    (105 ILCS 5/22-20)  (from Ch. 122, par. 22-20)
7    Sec. 22-20. All courts and law enforcement agencies of the
8State of Illinois and its political subdivisions shall report
9to the principal of any public school in this State whenever a
10child enrolled therein is detained for proceedings under the
11Juvenile Court Act of 1987, as heretofore and hereafter
12amended, or for any criminal offense or any violation of a
13municipal or county ordinance. The report shall include the
14basis for detaining the child, circumstances surrounding the
15events which led to the child's detention, and status of
16proceedings. The report shall be updated as appropriate to
17notify the principal of developments and the disposition of the
18matter.
19    The information derived thereby shall be kept separate from
20and shall not become a part of the official school record of
21such child and shall not be a public record. Such information
22shall be used solely by the appropriate school official or
23officials principal, counselors and teachers of the school to

 

 

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1aid in the proper rehabilitation of the child and to protect
2the safety of students and employees in the school.
3(Source: P.A. 89-610, eff. 8-6-96.)
 
4    Section 10. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7 and 5-905 as follows:
 
6    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
7    Sec. 1-7. Confidentiality of law enforcement records.
8    (A) Inspection and copying of law enforcement records
9maintained by law enforcement agencies that relate to a minor
10who has been arrested or taken into custody before his or her
1117th birthday shall be restricted to the following:
12        (1) Any local, State or federal law enforcement
13    officers of any jurisdiction or agency when necessary for
14    the discharge of their official duties during the
15    investigation or prosecution of a crime or relating to a
16    minor who has been adjudicated delinquent and there has
17    been a previous finding that the act which constitutes the
18    previous offense was committed in furtherance of criminal
19    activities by a criminal street gang, or, when necessary
20    for the discharge of its official duties in connection with
21    a particular investigation of the conduct of a law
22    enforcement officer, an independent agency or its staff
23    created by ordinance and charged by a unit of local
24    government with the duty of investigating the conduct of

 

 

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1    law enforcement officers. For purposes of this Section,
2    "criminal street gang" has the meaning ascribed to it in
3    Section 10 of the Illinois Streetgang Terrorism Omnibus
4    Prevention Act.
5        (2) Prosecutors, probation officers, social workers,
6    or other individuals assigned by the court to conduct a
7    pre-adjudication or pre-disposition investigation, and
8    individuals responsible for supervising or providing
9    temporary or permanent care and custody for minors pursuant
10    to the order of the juvenile court, when essential to
11    performing their responsibilities.
12        (3) Prosecutors and probation officers:
13            (a) in the course of a trial when institution of
14        criminal proceedings has been permitted or required
15        under Section 5-805; or
16            (b) when institution of criminal proceedings has
17        been permitted or required under Section 5-805 and such
18        minor is the subject of a proceeding to determine the
19        amount of bail; or
20            (c) when criminal proceedings have been permitted
21        or required under Section 5-805 and such minor is the
22        subject of a pre-trial investigation, pre-sentence
23        investigation, fitness hearing, or proceedings on an
24        application for probation.
25        (4) Adult and Juvenile Prisoner Review Board.
26        (5) Authorized military personnel.

 

 

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1        (6) Persons engaged in bona fide research, with the
2    permission of the Presiding Judge of the Juvenile Court and
3    the chief executive of the respective law enforcement
4    agency; provided that publication of such research results
5    in no disclosure of a minor's identity and protects the
6    confidentiality of the minor's record.
7        (7) Department of Children and Family Services child
8    protection investigators acting in their official
9    capacity.
10        (8) The appropriate school official. Inspection and
11    copying shall be limited to law enforcement records
12    transmitted to the appropriate school official or
13    officials by a local law enforcement agency under a
14    reciprocal reporting system established and maintained
15    between the school district and the local law enforcement
16    agency under Section 10-20.14 of the School Code concerning
17    a minor enrolled in a school within the school district who
18    is the subject of a police investigation, or has been
19    arrested or taken into custody for an offense classified as
20    a felony or a Class A or B misdemeanor. The information
21    derived from the law enforcement records shall be kept
22    separate from and shall not become a part of the official
23    school record of that child and shall not be a public
24    record. The information shall be used solely by the
25    appropriate school official or officials to aid in the
26    proper rehabilitation of the child and to protect the

 

 

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1    safety of students and employees in the school. any of the
2    following offenses:
3            (i) unlawful use of weapons under Section 24-1 of
4        the Criminal Code of 1961;
5            (ii) a violation of the Illinois Controlled
6        Substances Act;
7            (iii) a violation of the Cannabis Control Act;
8            (iv) a forcible felony as defined in Section 2-8 of
9        the Criminal Code of 1961; or
10            (v) a violation of the Methamphetamine Control and
11        Community Protection Act.
12        (9) Mental health professionals on behalf of the
13    Illinois Department of Corrections or the Department of
14    Human Services or prosecutors who are evaluating,
15    prosecuting, or investigating a potential or actual
16    petition brought under the Sexually Violent Persons
17    Commitment Act relating to a person who is the subject of
18    juvenile law enforcement records or the respondent to a
19    petition brought under the Sexually Violent Persons
20    Commitment Act who is the subject of the juvenile law
21    enforcement records sought. Any records and any
22    information obtained from those records under this
23    paragraph (9) may be used only in sexually violent persons
24    commitment proceedings.
25    (B) (1) Except as provided in paragraph (2), no law
26    enforcement officer or other person or agency may knowingly

 

 

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1    transmit to the Department of Corrections, Adult Division
2    or the Department of State Police or to the Federal Bureau
3    of Investigation any fingerprint or photograph relating to
4    a minor who has been arrested or taken into custody before
5    his or her 17th birthday, unless the court in proceedings
6    under this Act authorizes the transmission or enters an
7    order under Section 5-805 permitting or requiring the
8    institution of criminal proceedings.
9        (2) Law enforcement officers or other persons or
10    agencies shall transmit to the Department of State Police
11    copies of fingerprints and descriptions of all minors who
12    have been arrested or taken into custody before their 17th
13    birthday for the offense of unlawful use of weapons under
14    Article 24 of the Criminal Code of 1961, a Class X or Class
15    1 felony, a forcible felony as defined in Section 2-8 of
16    the Criminal Code of 1961, or a Class 2 or greater felony
17    under the Cannabis Control Act, the Illinois Controlled
18    Substances Act, the Methamphetamine Control and Community
19    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
20    pursuant to Section 5 of the Criminal Identification Act.
21    Information reported to the Department pursuant to this
22    Section may be maintained with records that the Department
23    files pursuant to Section 2.1 of the Criminal
24    Identification Act. Nothing in this Act prohibits a law
25    enforcement agency from fingerprinting a minor taken into
26    custody or arrested before his or her 17th birthday for an

 

 

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1    offense other than those listed in this paragraph (2).
2    (C) The records of law enforcement officers, or of an
3independent agency created by ordinance and charged by a unit
4of local government with the duty of investigating the conduct
5of law enforcement officers, concerning all minors under 17
6years of age must be maintained separate from the records of
7arrests and may not be open to public inspection or their
8contents disclosed to the public except by order of the court
9presiding over matters pursuant to this Act or when the
10institution of criminal proceedings has been permitted or
11required under Section 5-805 or such a person has been
12convicted of a crime and is the subject of pre-sentence
13investigation or proceedings on an application for probation or
14when provided by law. For purposes of obtaining documents
15pursuant to this Section, a civil subpoena is not an order of
16the court.
17        (1) In cases where the law enforcement, or independent
18    agency, records concern a pending juvenile court case, the
19    party seeking to inspect the records shall provide actual
20    notice to the attorney or guardian ad litem of the minor
21    whose records are sought.
22        (2) In cases where the records concern a juvenile court
23    case that is no longer pending, the party seeking to
24    inspect the records shall provide actual notice to the
25    minor or the minor's parent or legal guardian, and the
26    matter shall be referred to the chief judge presiding over

 

 

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1    matters pursuant to this Act.
2        (3) In determining whether the records should be
3    available for inspection, the court shall consider the
4    minor's interest in confidentiality and rehabilitation
5    over the moving party's interest in obtaining the
6    information. Any records obtained in violation of this
7    subsection (C) shall not be admissible in any criminal or
8    civil proceeding, or operate to disqualify a minor from
9    subsequently holding public office or securing employment,
10    or operate as a forfeiture of any public benefit, right,
11    privilege, or right to receive any license granted by
12    public authority.
13    (D) Nothing contained in subsection (C) of this Section
14shall prohibit the inspection or disclosure to victims and
15witnesses of photographs contained in the records of law
16enforcement agencies when the inspection and disclosure is
17conducted in the presence of a law enforcement officer for the
18purpose of the identification or apprehension of any person
19subject to the provisions of this Act or for the investigation
20or prosecution of any crime.
21    (E) Law enforcement officers, and personnel of an
22independent agency created by ordinance and charged by a unit
23of local government with the duty of investigating the conduct
24of law enforcement officers, may not disclose the identity of
25any minor in releasing information to the general public as to
26the arrest, investigation or disposition of any case involving

 

 

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1a minor.
2    (F) Nothing contained in this Section shall prohibit law
3enforcement agencies from communicating with each other by
4letter, memorandum, teletype or intelligence alert bulletin or
5other means the identity or other relevant information
6pertaining to a person under 17 years of age if there are
7reasonable grounds to believe that the person poses a real and
8present danger to the safety of the public or law enforcement
9officers. The information provided under this subsection (F)
10shall remain confidential and shall not be publicly disclosed,
11except as otherwise allowed by law.
12    (G) Nothing in this Section shall prohibit the right of a
13Civil Service Commission or appointing authority of any state,
14county or municipality examining the character and fitness of
15an applicant for employment with a law enforcement agency,
16correctional institution, or fire department from obtaining
17and examining the records of any law enforcement agency
18relating to any record of the applicant having been arrested or
19taken into custody before the applicant's 17th birthday.
20(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
21    (705 ILCS 405/5-905)
22    Sec. 5-905. Law enforcement records.
23    (1) Law Enforcement Records. Inspection and copying of law
24enforcement records maintained by law enforcement agencies
25that relate to a minor who has been arrested or taken into

 

 

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1custody before his or her 17th birthday shall be restricted to
2the following and when necessary for the discharge of their
3official duties:
4        (a) A judge of the circuit court and members of the
5    staff of the court designated by the judge;
6        (b) Law enforcement officers, probation officers or
7    prosecutors or their staff, or, when necessary for the
8    discharge of its official duties in connection with a
9    particular investigation of the conduct of a law
10    enforcement officer, an independent agency or its staff
11    created by ordinance and charged by a unit of local
12    government with the duty of investigating the conduct of
13    law enforcement officers;
14        (c) The minor, the minor's parents or legal guardian
15    and their attorneys, but only when the juvenile has been
16    charged with an offense;
17        (d) Adult and Juvenile Prisoner Review Boards;
18        (e) Authorized military personnel;
19        (f) Persons engaged in bona fide research, with the
20    permission of the judge of juvenile court and the chief
21    executive of the agency that prepared the particular
22    recording: provided that publication of such research
23    results in no disclosure of a minor's identity and protects
24    the confidentiality of the record;
25        (g) Individuals responsible for supervising or
26    providing temporary or permanent care and custody of minors

 

 

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1    pursuant to orders of the juvenile court or directives from
2    officials of the Department of Children and Family Services
3    or the Department of Human Services who certify in writing
4    that the information will not be disclosed to any other
5    party except as provided under law or order of court;
6        (h) The appropriate school official. Inspection and
7    copying shall be limited to law enforcement records
8    transmitted to the appropriate school official or
9    officials by a local law enforcement agency under a
10    reciprocal reporting system established and maintained
11    between the school district and the local law enforcement
12    agency under Section 10-20.14 of the School Code concerning
13    a minor enrolled in a school within the school district who
14    is the subject of a police investigation, or has been
15    arrested or taken into custody for any offense classified
16    as a felony or a Class A or B misdemeanor. The information
17    derived from the law enforcement records shall be kept
18    separate from and shall not become a part of the official
19    school record of that child and shall not be a public
20    record. The information shall be used solely by the
21    appropriate school official or officials to aid in the
22    proper rehabilitation of the child and to protect the
23    safety of students and employees in the school.
24    (2) Information identifying victims and alleged victims of
25sex offenses, shall not be disclosed or open to public
26inspection under any circumstances. Nothing in this Section

 

 

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1shall prohibit the victim or alleged victim of any sex offense
2from voluntarily disclosing his or her identity.
3    (2.5) If the minor is a victim of aggravated battery,
4battery, attempted first degree murder, or other non-sexual
5violent offense, the identity of the victim may be disclosed to
6appropriate school officials, for the purpose of preventing
7foreseeable future violence involving minors, by a local law
8enforcement agency pursuant to an agreement established
9between the school district and a local law enforcement agency
10subject to the approval by the presiding judge of the juvenile
11court.
12    (3) Relevant information, reports and records shall be made
13available to the Department of Juvenile Justice when a juvenile
14offender has been placed in the custody of the Department of
15Juvenile Justice.
16    (4) Nothing in this Section shall prohibit the inspection
17or disclosure to victims and witnesses of photographs contained
18in the records of law enforcement agencies when the inspection
19or disclosure is conducted in the presence of a law enforcement
20officer for purposes of identification or apprehension of any
21person in the course of any criminal investigation or
22prosecution.
23    (5) The records of law enforcement officers, or of an
24independent agency created by ordinance and charged by a unit
25of local government with the duty of investigating the conduct
26of law enforcement officers, concerning all minors under 17

 

 

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1years of age must be maintained separate from the records of
2adults and may not be open to public inspection or their
3contents disclosed to the public except by order of the court
4or when the institution of criminal proceedings has been
5permitted under Section 5-130 or 5-805 or required under
6Section 5-130 or 5-805 or such a person has been convicted of a
7crime and is the subject of pre-sentence investigation or when
8provided by law.
9    (6) Except as otherwise provided in this subsection (6),
10law enforcement officers, and personnel of an independent
11agency created by ordinance and charged by a unit of local
12government with the duty of investigating the conduct of law
13enforcement officers, may not disclose the identity of any
14minor in releasing information to the general public as to the
15arrest, investigation or disposition of any case involving a
16minor. Any victim or parent or legal guardian of a victim may
17petition the court to disclose the name and address of the
18minor and the minor's parents or legal guardian, or both. Upon
19a finding by clear and convincing evidence that the disclosure
20is either necessary for the victim to pursue a civil remedy
21against the minor or the minor's parents or legal guardian, or
22both, or to protect the victim's person or property from the
23minor, then the court may order the disclosure of the
24information to the victim or to the parent or legal guardian of
25the victim only for the purpose of the victim pursuing a civil
26remedy against the minor or the minor's parents or legal

 

 

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1guardian, or both, or to protect the victim's person or
2property from the minor.
3    (7) Nothing contained in this Section shall prohibit law
4enforcement agencies when acting in their official capacity
5from communicating with each other by letter, memorandum,
6teletype or intelligence alert bulletin or other means the
7identity or other relevant information pertaining to a person
8under 17 years of age. The information provided under this
9subsection (7) shall remain confidential and shall not be
10publicly disclosed, except as otherwise allowed by law.
11    (8) No person shall disclose information under this Section
12except when acting in his or her official capacity and as
13provided by law or order of court.
14(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)