Rep. Carol A. Sente

Filed: 3/15/2012

 

 


 

 


 
09700HB5602ham003LRB097 17841 RLC 67534 a

1
AMENDMENT TO HOUSE BILL 5602

2    AMENDMENT NO. ______. Amend House Bill 5602 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1notify the principal of developments and the disposition of the
2matter.
3    The information derived thereby shall be kept separate from
4and shall not become a part of the official school record of
5such child and shall not be a public record. Such information
6shall be used solely by the appropriate school official or
7officials whom the school has determined to have a legitimate
8educational or safety interest principal, counselors and
9teachers of the school to aid in the proper rehabilitation of
10the child and to protect the safety of students and employees
11in the school.
12(Source: P.A. 89-610, eff. 8-6-96.)
 
13    Section 10. The Juvenile Court Act of 1987 is amended by
14changing Sections 1-7 and 5-905 as follows:
 
15    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
16    Sec. 1-7. Confidentiality of law enforcement records.
17    (A) Inspection and copying of law enforcement records
18maintained by law enforcement agencies that relate to a minor
19who has been arrested or taken into custody before his or her
2017th birthday shall be restricted to the following:
21        (1) Any local, State or federal law enforcement
22    officers of any jurisdiction or agency when necessary for
23    the discharge of their official duties during the
24    investigation or prosecution of a crime or relating to a

 

 

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1    minor who has been adjudicated delinquent and there has
2    been a previous finding that the act which constitutes the
3    previous offense was committed in furtherance of criminal
4    activities by a criminal street gang, or, when necessary
5    for the discharge of its official duties in connection with
6    a particular investigation of the conduct of a law
7    enforcement officer, an independent agency or its staff
8    created by ordinance and charged by a unit of local
9    government with the duty of investigating the conduct of
10    law enforcement officers. For purposes of this Section,
11    "criminal street gang" has the meaning ascribed to it in
12    Section 10 of the Illinois Streetgang Terrorism Omnibus
13    Prevention Act.
14        (2) Prosecutors, probation officers, social workers,
15    or other individuals assigned by the court to conduct a
16    pre-adjudication or pre-disposition investigation, and
17    individuals responsible for supervising or providing
18    temporary or permanent care and custody for minors pursuant
19    to the order of the juvenile court, when essential to
20    performing their responsibilities.
21        (3) Prosecutors and probation officers:
22            (a) in the course of a trial when institution of
23        criminal proceedings has been permitted or required
24        under Section 5-805; or
25            (b) when institution of criminal proceedings has
26        been permitted or required under Section 5-805 and such

 

 

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1        minor is the subject of a proceeding to determine the
2        amount of bail; or
3            (c) when criminal proceedings have been permitted
4        or required under Section 5-805 and such minor is the
5        subject of a pre-trial investigation, pre-sentence
6        investigation, fitness hearing, or proceedings on an
7        application for probation.
8        (4) Adult and Juvenile Prisoner Review Board.
9        (5) Authorized military personnel.
10        (6) Persons engaged in bona fide research, with the
11    permission of the Presiding Judge of the Juvenile Court and
12    the chief executive of the respective law enforcement
13    agency; provided that publication of such research results
14    in no disclosure of a minor's identity and protects the
15    confidentiality of the minor's record.
16        (7) Department of Children and Family Services child
17    protection investigators acting in their official
18    capacity.
19        (8) The appropriate school official.
20             (A) Inspection and copying shall be limited to law
21        enforcement records transmitted to the appropriate
22        school official or officials whom the school has
23        determined to have a legitimate educational or safety
24        interest by a local law enforcement agency under a
25        reciprocal reporting system established and maintained
26        between the school district and the local law

 

 

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1        enforcement agency under Section 10-20.14 of the
2        School Code concerning a minor enrolled in a school
3        within the school district who has been arrested or
4        taken into custody for an offense classified as a
5        felony or a Class A or B misdemeanor. The information
6        derived from the law enforcement records shall be kept
7        separate from and shall not become a part of the
8        official school record of that child and shall not be a
9        public record. The information shall be used solely by
10        the appropriate school official or officials whom the
11        school has determined to have a legitimate educational
12        or safety interest to aid in the proper rehabilitation
13        of the child and to protect the safety of students and
14        employees in the school. any of the following offenses:
15            (i) unlawful use of weapons under Section 24-1 of
16        the Criminal Code of 1961;
17            (ii) a violation of the Illinois Controlled
18        Substances Act;
19            (iii) a violation of the Cannabis Control Act;
20            (iv) a forcible felony as defined in Section 2-8 of
21        the Criminal Code of 1961; or
22            (v) a violation of the Methamphetamine Control and
23        Community Protection Act.
24            (B) Any information provided to appropriate school
25        officials whom the school has determined to have a
26        legitimate educational or safety interest by local law

 

 

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1        enforcement officials about a minor who is the subject
2        of a current police investigation that is directly
3        related to school safety shall consist of oral
4        information only, and not written law enforcement
5        records, and shall be used solely by the appropriate
6        school official or officials to protect the safety of
7        students and employees in the school and aid in the
8        proper rehabilitation of the child. The information
9        derived orally from the local law enforcement
10        officials shall be kept separate from and shall not
11        become a part of the official school record of the
12        child and shall not be a public record. This limitation
13        on the use of information about a minor who is the
14        subject of a current police investigation shall in no
15        way limit the use of this information by prosecutors in
16        pursuing criminal charges arising out of the
17        information disclosed during a police investigation of
18        the minor.
19        (9) Mental health professionals on behalf of the
20    Illinois Department of Corrections or the Department of
21    Human Services or prosecutors who are evaluating,
22    prosecuting, or investigating a potential or actual
23    petition brought under the Sexually Violent Persons
24    Commitment Act relating to a person who is the subject of
25    juvenile law enforcement records or the respondent to a
26    petition brought under the Sexually Violent Persons

 

 

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1    Commitment Act who is the subject of the juvenile law
2    enforcement records sought. Any records and any
3    information obtained from those records under this
4    paragraph (9) may be used only in sexually violent persons
5    commitment proceedings.
6    (B) (1) Except as provided in paragraph (2), no law
7    enforcement officer or other person or agency may knowingly
8    transmit to the Department of Corrections, Adult Division
9    or the Department of State Police or to the Federal Bureau
10    of Investigation any fingerprint or photograph relating to
11    a minor who has been arrested or taken into custody before
12    his or her 17th birthday, unless the court in proceedings
13    under this Act authorizes the transmission or enters an
14    order under Section 5-805 permitting or requiring the
15    institution of criminal proceedings.
16        (2) Law enforcement officers or other persons or
17    agencies shall transmit to the Department of State Police
18    copies of fingerprints and descriptions of all minors who
19    have been arrested or taken into custody before their 17th
20    birthday for the offense of unlawful use of weapons under
21    Article 24 of the Criminal Code of 1961, a Class X or Class
22    1 felony, a forcible felony as defined in Section 2-8 of
23    the Criminal Code of 1961, or a Class 2 or greater felony
24    under the Cannabis Control Act, the Illinois Controlled
25    Substances Act, the Methamphetamine Control and Community
26    Protection Act, or Chapter 4 of the Illinois Vehicle Code,

 

 

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1    pursuant to Section 5 of the Criminal Identification Act.
2    Information reported to the Department pursuant to this
3    Section may be maintained with records that the Department
4    files pursuant to Section 2.1 of the Criminal
5    Identification Act. Nothing in this Act prohibits a law
6    enforcement agency from fingerprinting a minor taken into
7    custody or arrested before his or her 17th birthday for an
8    offense other than those listed in this paragraph (2).
9    (C) The records of law enforcement officers, or of an
10independent agency created by ordinance and charged by a unit
11of local government with the duty of investigating the conduct
12of law enforcement officers, concerning all minors under 17
13years of age must be maintained separate from the records of
14arrests and may not be open to public inspection or their
15contents disclosed to the public except by order of the court
16presiding over matters pursuant to this Act or when the
17institution of criminal proceedings has been permitted or
18required under Section 5-805 or such a person has been
19convicted of a crime and is the subject of pre-sentence
20investigation or proceedings on an application for probation or
21when provided by law. For purposes of obtaining documents
22pursuant to this Section, a civil subpoena is not an order of
23the court.
24        (1) In cases where the law enforcement, or independent
25    agency, records concern a pending juvenile court case, the
26    party seeking to inspect the records shall provide actual

 

 

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1    notice to the attorney or guardian ad litem of the minor
2    whose records are sought.
3        (2) In cases where the records concern a juvenile court
4    case that is no longer pending, the party seeking to
5    inspect the records shall provide actual notice to the
6    minor or the minor's parent or legal guardian, and the
7    matter shall be referred to the chief judge presiding over
8    matters pursuant to this Act.
9        (3) In determining whether the records should be
10    available for inspection, the court shall consider the
11    minor's interest in confidentiality and rehabilitation
12    over the moving party's interest in obtaining the
13    information. Any records obtained in violation of this
14    subsection (C) shall not be admissible in any criminal or
15    civil proceeding, or operate to disqualify a minor from
16    subsequently holding public office or securing employment,
17    or operate as a forfeiture of any public benefit, right,
18    privilege, or right to receive any license granted by
19    public authority.
20    (D) Nothing contained in subsection (C) of this Section
21shall prohibit the inspection or disclosure to victims and
22witnesses of photographs contained in the records of law
23enforcement agencies when the inspection and disclosure is
24conducted in the presence of a law enforcement officer for the
25purpose of the identification or apprehension of any person
26subject to the provisions of this Act or for the investigation

 

 

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1or prosecution of any crime.
2    (E) Law enforcement officers, and personnel 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, may not disclose the identity of
6any minor in releasing information to the general public as to
7the arrest, investigation or disposition of any case involving
8a minor.
9    (F) Nothing contained in this Section shall prohibit law
10enforcement agencies from communicating with each other by
11letter, memorandum, teletype or intelligence alert bulletin or
12other means the identity or other relevant information
13pertaining to a person under 17 years of age if there are
14reasonable grounds to believe that the person poses a real and
15present danger to the safety of the public or law enforcement
16officers. The information provided under this subsection (F)
17shall remain confidential and shall not be publicly disclosed,
18except as otherwise allowed by law.
19    (G) Nothing in this Section shall prohibit the right of a
20Civil Service Commission or appointing authority of any state,
21county or municipality examining the character and fitness of
22an applicant for employment with a law enforcement agency,
23correctional institution, or fire department from obtaining
24and examining the records of any law enforcement agency
25relating to any record of the applicant having been arrested or
26taken into custody before the applicant's 17th birthday.

 

 

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1(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
2    (705 ILCS 405/5-905)
3    Sec. 5-905. Law enforcement records.
4    (1) Law Enforcement Records. Inspection and copying of law
5enforcement records maintained by law enforcement agencies
6that relate to a minor who has been arrested or taken into
7custody before his or her 17th birthday shall be restricted to
8the following and when necessary for the discharge of their
9official duties:
10        (a) A judge of the circuit court and members of the
11    staff of the court designated by the judge;
12        (b) Law enforcement officers, probation officers or
13    prosecutors or their staff, or, when necessary for the
14    discharge of its official duties in connection with a
15    particular investigation of the conduct of a law
16    enforcement officer, an independent agency or its staff
17    created by ordinance and charged by a unit of local
18    government with the duty of investigating the conduct of
19    law enforcement officers;
20        (c) The minor, the minor's parents or legal guardian
21    and their attorneys, but only when the juvenile has been
22    charged with an offense;
23        (d) Adult and Juvenile Prisoner Review Boards;
24        (e) Authorized military personnel;
25        (f) Persons engaged in bona fide research, with the

 

 

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1    permission of the judge of juvenile court and the chief
2    executive of the agency that prepared the particular
3    recording: provided that publication of such research
4    results in no disclosure of a minor's identity and protects
5    the confidentiality of the record;
6        (g) Individuals responsible for supervising or
7    providing temporary or permanent care and custody of minors
8    pursuant to orders of the juvenile court or directives from
9    officials of the Department of Children and Family Services
10    or the Department of Human Services who certify in writing
11    that the information will not be disclosed to any other
12    party except as provided under law or order of court;
13        (h) The appropriate school official.
14             (A) Inspection and copying shall be limited to law
15        enforcement records transmitted to the appropriate
16        school official or officials whom the school has
17        determined to have a legitimate educational or safety
18        interest by a local law enforcement agency under a
19        reciprocal reporting system established and maintained
20        between the school district and the local law
21        enforcement agency under Section 10-20.14 of the
22        School Code concerning a minor enrolled in a school
23        within the school district who has been arrested or
24        taken into custody for any offense classified as a
25        felony or a Class A or B misdemeanor. The information
26        derived from the law enforcement records shall be kept

 

 

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1        separate from and shall not become a part of the
2        official school record of that child and shall not be a
3        public record. The information shall be used solely by
4        the appropriate school official or officials whom the
5        school has determined to have a legitimate educational
6        or safety interest to aid in the proper rehabilitation
7        of the child and to protect the safety of students and
8        employees in the school.
9            (B) Any information provided to appropriate school
10        officials whom the school has determined to have a
11        legitimate educational or safety interest by local law
12        enforcement officials about a minor who is the subject
13        of a current police investigation that is directly
14        related to school safety shall consist of oral
15        information only, and not written law enforcement
16        records, and shall be used solely by the appropriate
17        school official or officials to protect the safety of
18        students and employees in the school and aid in the
19        proper rehabilitation of the child. The information
20        derived orally from the local law enforcement
21        officials shall be kept separate from and shall not
22        become a part of the official school record of the
23        child and shall not be a public record. This limitation
24        on the use of information about a minor who is the
25        subject of a current police investigation shall in no
26        way limit the use of this information by prosecutors in

 

 

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

 

 

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

 

 

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1against the minor or the minor's parents or legal guardian, or
2both, or to protect the victim's person or property from the
3minor, then the court may order the disclosure of the
4information to the victim or to the parent or legal guardian of
5the victim only for the purpose of the victim pursuing a civil
6remedy against the minor or the minor's parents or legal
7guardian, or both, or to protect the victim's person or
8property from the minor.
9    (7) Nothing contained in this Section shall prohibit law
10enforcement agencies when acting in their official capacity
11from communicating with each other by letter, memorandum,
12teletype or intelligence alert bulletin or other means the
13identity or other relevant information pertaining to a person
14under 17 years of age. The information provided under this
15subsection (7) shall remain confidential and shall not be
16publicly disclosed, except as otherwise allowed by law.
17    (8) No person shall disclose information under this Section
18except when acting in his or her official capacity and as
19provided by law or order of court.
20(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)".