HB5602 EnrolledLRB097 17841 RLC 63061 b

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 whom the school has determined to have a legitimate

 

 

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1educational or safety interest principal, counselors and
2teachers of the school to aid in the proper rehabilitation of
3the child and to protect the safety of students and employees
4in the school.
5(Source: P.A. 89-610, eff. 8-6-96.)
 
6    Section 10. The Juvenile Court Act of 1987 is amended by
7changing Sections 1-7 and 5-905 as follows:
 
8    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
9    Sec. 1-7. Confidentiality of law enforcement records.
10    (A) Inspection and copying of law enforcement records
11maintained by law enforcement agencies that relate to a minor
12who has been arrested or taken into custody before his or her
1317th birthday shall be restricted to the following:
14        (1) Any local, State or federal law enforcement
15    officers of any jurisdiction or agency when necessary for
16    the discharge of their official duties during the
17    investigation or prosecution of a crime or relating to a
18    minor who has been adjudicated delinquent and there has
19    been a previous finding that the act which constitutes the
20    previous offense was committed in furtherance of criminal
21    activities by a criminal street gang, or, when necessary
22    for the discharge of its official duties in connection with
23    a particular investigation of the conduct of a law
24    enforcement officer, an independent agency or its staff

 

 

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

 

 

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1        (4) Adult and Juvenile Prisoner Review Board.
2        (5) Authorized military personnel.
3        (6) Persons engaged in bona fide research, with the
4    permission of the Presiding Judge of the Juvenile Court and
5    the chief executive of the respective law enforcement
6    agency; provided that publication of such research results
7    in no disclosure of a minor's identity and protects the
8    confidentiality of the minor's record.
9        (7) Department of Children and Family Services child
10    protection investigators acting in their official
11    capacity.
12        (8) The appropriate school official only if the agency
13    or officer believes that there is an imminent threat of
14    physical harm to students, school personnel, or others who
15    are present in the school or on school grounds.
16             (A) Inspection and copying shall be limited to law
17        enforcement records transmitted to the appropriate
18        school official or officials whom the school has
19        determined to have a legitimate educational or safety
20        interest by a local law enforcement agency under a
21        reciprocal reporting system established and maintained
22        between the school district and the local law
23        enforcement agency under Section 10-20.14 of the
24        School Code concerning a minor enrolled in a school
25        within the school district who has been arrested or
26        taken into custody for any of the following offenses:

 

 

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1            (i) any violation of Article 24 unlawful use of
2        weapons under Section 24-1 of the Criminal Code of
3        1961;
4            (ii) a violation of the Illinois Controlled
5        Substances Act;
6            (iii) a violation of the Cannabis Control Act;
7            (iv) a forcible felony as defined in Section 2-8 of
8        the Criminal Code of 1961; or
9            (v) a violation of the Methamphetamine Control and
10        Community Protection Act; .
11            (vi) a violation of Section 1-2 of the Harassing
12        and Obscene Communications Act;
13            (vii) a violation of the Hazing Act; or
14            (viii) a violation of Section 12-1, 12-2, 12-3,
15        12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3,
16        12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of
17        1961.
18            The information derived from the law enforcement
19        records shall be kept separate from and shall not
20        become a part of the official school record of that
21        child and shall not be a public record. The information
22        shall be used solely by the appropriate school official
23        or officials whom the school has determined to have a
24        legitimate educational or safety interest to aid in the
25        proper rehabilitation of the child and to protect the
26        safety of students and employees in the school. If the

 

 

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1        designated law enforcement and school officials deem
2        it to be in the best interest of the minor, the student
3        may be referred to in-school or community based social
4        services if those services are available.
5        "Rehabilitation services" may include interventions by
6        school support personnel, evaluation for eligibility
7        for special education, referrals to community-based
8        agencies such as youth services, behavioral healthcare
9        service providers, drug and alcohol prevention or
10        treatment programs, and other interventions as deemed
11        appropriate for the student.
12            (B) Any information provided to appropriate school
13        officials whom the school has determined to have a
14        legitimate educational or safety interest by local law
15        enforcement officials about a minor who is the subject
16        of a current police investigation that is directly
17        related to school safety shall consist of oral
18        information only, and not written law enforcement
19        records, and shall be used solely by the appropriate
20        school official or officials to protect the safety of
21        students and employees in the school and aid in the
22        proper rehabilitation of the child. The information
23        derived orally from the local law enforcement
24        officials shall be kept separate from and shall not
25        become a part of the official school record of the
26        child and shall not be a public record. This limitation

 

 

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1        on the use of information about a minor who is the
2        subject of a current police investigation shall in no
3        way limit the use of this information by prosecutors in
4        pursuing criminal charges arising out of the
5        information disclosed during a police investigation of
6        the minor. For purposes of this paragraph,
7        "investigation" means an official systematic inquiry
8        by a law enforcement agency into actual or suspected
9        criminal activity.
10        (9) Mental health professionals on behalf of the
11    Illinois Department of Corrections or the Department of
12    Human Services or prosecutors who are evaluating,
13    prosecuting, or investigating a potential or actual
14    petition brought under the Sexually Violent Persons
15    Commitment Act relating to a person who is the subject of
16    juvenile law enforcement records or the respondent to a
17    petition brought under the Sexually Violent Persons
18    Commitment Act who is the subject of the juvenile law
19    enforcement records sought. Any records and any
20    information obtained from those records under this
21    paragraph (9) may be used only in sexually violent persons
22    commitment proceedings.
23    (B) (1) Except as provided in paragraph (2), no law
24    enforcement officer or other person or agency may knowingly
25    transmit to the Department of Corrections, Adult Division
26    or the Department of State Police or to the Federal Bureau

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    or the Department of Human Services who certify in writing
2    that the information will not be disclosed to any other
3    party except as provided under law or order of court;
4        (h) The appropriate school official only if the agency
5    or officer believes that there is an imminent threat of
6    physical harm to students, school personnel, or others who
7    are present in the school or on school grounds.
8             (A) Inspection and copying shall be limited to law
9        enforcement records transmitted to the appropriate
10        school official or officials whom the school has
11        determined to have a legitimate educational or safety
12        interest by a local law enforcement agency under a
13        reciprocal reporting system established and maintained
14        between the school district and the local law
15        enforcement agency under Section 10-20.14 of the
16        School Code concerning a minor enrolled in a school
17        within the school district who has been arrested or
18        taken into custody for any of the following offenses:
19            (i) any violation of Article 24 of the Criminal
20        Code of 1961;
21            (ii) a violation of the Illinois Controlled
22        Substances Act;
23            (iii) a violation of the Cannabis Control Act;
24            (iv) a forcible felony as defined in Section 2-8 of
25        the Criminal Code of 1961;
26            (v) a violation of the Methamphetamine Control and

 

 

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1        Community Protection Act;
2            (vi) a violation of Section 1-2 of the Harassing
3        and Obscene Communications Act;
4            (vii) a violation of the Hazing Act; or
5            (viii) a violation of Section 12-1, 12-2, 12-3,
6        12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3,
7        12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of
8        1961.
9            The information derived from the law enforcement
10        records shall be kept separate from and shall not
11        become a part of the official school record of that
12        child and shall not be a public record. The information
13        shall be used solely by the appropriate school official
14        or officials whom the school has determined to have a
15        legitimate educational or safety interest to aid in the
16        proper rehabilitation of the child and to protect the
17        safety of students and employees in the school. If the
18        designated law enforcement and school officials deem
19        it to be in the best interest of the minor, the student
20        may be referred to in-school or community based social
21        services if those services are available.
22        "Rehabilitation services" may include interventions by
23        school support personnel, evaluation for eligibility
24        for special education, referrals to community-based
25        agencies such as youth services, behavioral healthcare
26        service providers, drug and alcohol prevention or

 

 

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1        treatment programs, and other interventions as deemed
2        appropriate for the student.
3            (B) Any information provided to appropriate school
4        officials whom the school has determined to have a
5        legitimate educational or safety interest by local law
6        enforcement officials about a minor who is the subject
7        of a current police investigation that is directly
8        related to school safety shall consist of oral
9        information only, and not written law enforcement
10        records, and shall be used solely by the appropriate
11        school official or officials to protect the safety of
12        students and employees in the school and aid in the
13        proper rehabilitation of the child. The information
14        derived orally from the local law enforcement
15        officials shall be kept separate from and shall not
16        become a part of the official school record of the
17        child and shall not be a public record. This limitation
18        on the use of information about a minor who is the
19        subject of a current police investigation shall in no
20        way limit the use of this information by prosecutors in
21        pursuing criminal charges arising out of the
22        information disclosed during a police investigation of
23        the minor. For purposes of this paragraph,
24        "investigation" means an official systematic inquiry
25        by a law enforcement agency into actual or suspected
26        criminal activity. offense classified as a felony or a

 

 

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1        Class A or B misdemeanor.
2    (2) Information identifying victims and alleged victims of
3sex offenses, shall not be disclosed or open to public
4inspection under any circumstances. Nothing in this Section
5shall prohibit the victim or alleged victim of any sex offense
6from voluntarily disclosing his or her identity.
7    (2.5) If the minor is a victim of aggravated battery,
8battery, attempted first degree murder, or other non-sexual
9violent offense, the identity of the victim may be disclosed to
10appropriate school officials, for the purpose of preventing
11foreseeable future violence involving minors, by a local law
12enforcement agency pursuant to an agreement established
13between the school district and a local law enforcement agency
14subject to the approval by the presiding judge of the juvenile
15court.
16    (3) Relevant information, reports and records shall be made
17available to the Department of Juvenile Justice when a juvenile
18offender has been placed in the custody of the Department of
19Juvenile Justice.
20    (4) Nothing in this Section shall prohibit the inspection
21or disclosure to victims and witnesses of photographs contained
22in the records of law enforcement agencies when the inspection
23or disclosure is conducted in the presence of a law enforcement
24officer for purposes of identification or apprehension of any
25person in the course of any criminal investigation or
26prosecution.

 

 

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

 

 

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1minor, then the court may order the disclosure of the
2information to the victim or to the parent or legal guardian of
3the victim only for the purpose of the victim pursuing a civil
4remedy against the minor or the minor's parents or legal
5guardian, or both, or to protect the victim's person or
6property from the minor.
7    (7) Nothing contained in this Section shall prohibit law
8enforcement agencies when acting in their official capacity
9from communicating with each other by letter, memorandum,
10teletype or intelligence alert bulletin or other means the
11identity or other relevant information pertaining to a person
12under 17 years of age. The information provided under this
13subsection (7) shall remain confidential and shall not be
14publicly disclosed, except as otherwise allowed by law.
15    (8) No person shall disclose information under this Section
16except when acting in his or her official capacity and as
17provided by law or order of court.
18(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)