SB3809 EngrossedLRB097 18921 RLC 64159 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 8-23 as follows:
 
6    (70 ILCS 1205/8-23)
7    Sec. 8-23. Criminal background investigations.
8    (a) An applicant for employment with a park district is
9required as a condition of employment to authorize an
10investigation to determine if the applicant has been convicted
11of, or adjudicated a delinquent minor for, any of the
12enumerated criminal or drug offenses in subsection (c) of this
13Section or has been convicted, within 7 years of the
14application for employment with the park district, of any other
15felony under the laws of this State or of any offense committed
16or attempted in any other state or against the laws of the
17United States that, if committed or attempted in this State,
18would have been punishable as a felony under the laws of this
19State. Authorization for the investigation shall be furnished
20by the applicant to the park district. Upon receipt of this
21authorization, the park district shall submit the applicant's
22name, sex, race, date of birth, and social security number to
23the Department of State Police on forms prescribed by the

 

 

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1Department of State Police. The Department of State Police
2shall conduct a search of the Illinois criminal history records
3database to ascertain if the applicant being considered for
4employment has been convicted of, or adjudicated a delinquent
5minor for, committing or attempting to commit any of the
6enumerated criminal or drug offenses in subsection (c) of this
7Section or has been convicted of committing or attempting to
8commit, within 7 years of the application for employment with
9the park district, any other felony under the laws of this
10State. The Department of State Police shall charge the park
11district a fee for conducting the investigation, which fee
12shall be deposited in the State Police Services Fund and shall
13not exceed the cost of the inquiry. The applicant shall not be
14charged a fee by the park district for the investigation.
15    (b) If the search of the Illinois criminal history record
16database indicates that the applicant has been convicted of, or
17adjudicated a delinquent minor for, committing or attempting to
18commit any of the enumerated criminal or drug offenses in
19subsection (c) or has been convicted of committing or
20attempting to commit, within 7 years of the application for
21employment with the park district, any other felony under the
22laws of this State, the Department of State Police and the
23Federal Bureau of Investigation shall furnish, pursuant to a
24fingerprint based background check, records of convictions or
25adjudications as a delinquent minor, until expunged, to the
26president of the park district. Any information concerning the

 

 

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1record of convictions or adjudications as a delinquent minor
2obtained by the president shall be confidential and may only be
3transmitted to those persons who are necessary to the decision
4on whether to hire the applicant for employment. A copy of the
5record of convictions or adjudications as a delinquent minor
6obtained from the Department of State Police shall be provided
7to the applicant for employment. Any person who releases any
8confidential information concerning any criminal convictions
9or adjudications as a delinquent minor of an applicant for
10employment shall be guilty of a Class A misdemeanor, unless the
11release of such information is authorized by this Section.
12    (c) No park district shall knowingly employ a person who
13has been convicted, or adjudicated a delinquent minor, for
14committing attempted first degree murder or for committing or
15attempting to commit first degree murder, a Class X felony, or
16any one or more of the following offenses: (i) those defined in
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
1811-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B,
2011-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14,
2112-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
22those defined in the Cannabis Control Act, except those defined
23in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
24defined in the Illinois Controlled Substances Act; (iv) those
25defined in the Methamphetamine Control and Community
26Protection Act; and (v) any offense committed or attempted in

 

 

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1any other state or against the laws of the United States,
2which, if committed or attempted in this State, would have been
3punishable as one or more of the foregoing offenses. Further,
4no park district shall knowingly employ a person who has been
5found to be the perpetrator of sexual or physical abuse of any
6minor under 18 years of age pursuant to proceedings under
7Article II of the Juvenile Court Act of 1987. No park district
8shall knowingly employ a person for whom a criminal background
9investigation has not been initiated.
10(Source: P.A. 96-1551, eff. 7-1-11.)
 
11    Section 10. The Chicago Park District Act is amended by
12changing Section 16a-5 as follows:
 
13    (70 ILCS 1505/16a-5)
14    Sec. 16a-5. Criminal background investigations.
15    (a) An applicant for employment with the Chicago Park
16District is required as a condition of employment to authorize
17an investigation to determine if the applicant has been
18convicted of, or adjudicated a delinquent minor for, any of the
19enumerated criminal or drug offenses in subsection (c) of this
20Section or has been convicted, within 7 years of the
21application for employment with the Chicago Park District, of
22any other felony under the laws of this State or of any offense
23committed or attempted in any other state or against the laws
24of the United States that, if committed or attempted in this

 

 

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1State, would have been punishable as a felony under the laws of
2this State. Authorization for the investigation shall be
3furnished by the applicant to the Chicago Park District. Upon
4receipt of this authorization, the Chicago Park District shall
5submit the applicant's name, sex, race, date of birth, and
6social security number to the Department of State Police on
7forms prescribed by the Department of State Police. The
8Department of State Police shall conduct a search of the
9Illinois criminal history record information database to
10ascertain if the applicant being considered for employment has
11been convicted of, or adjudicated a delinquent minor for,
12committing or attempting to commit any of the enumerated
13criminal or drug offenses in subsection (c) of this Section or
14has been convicted, of committing or attempting to commit
15within 7 years of the application for employment with the
16Chicago Park District, any other felony under the laws of this
17State. The Department of State Police shall charge the Chicago
18Park District a fee for conducting the investigation, which fee
19shall be deposited in the State Police Services Fund and shall
20not exceed the cost of the inquiry. The applicant shall not be
21charged a fee by the Chicago Park District for the
22investigation.
23    (b) If the search of the Illinois criminal history record
24database indicates that the applicant has been convicted of, or
25adjudicated a delinquent minor for, committing or attempting to
26commit any of the enumerated criminal or drug offenses in

 

 

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1subsection (c) or has been convicted of committing or
2attempting to commit, within 7 years of the application for
3employment with the Chicago Park District, any other felony
4under the laws of this State, the Department of State Police
5and the Federal Bureau of Investigation shall furnish, pursuant
6to a fingerprint based background check, records of convictions
7or adjudications as a delinquent minor, until expunged, to the
8General Superintendent and Chief Executive Officer of the
9Chicago Park District. Any information concerning the record of
10convictions or adjudications as a delinquent minor obtained by
11the General Superintendent and Chief Executive Officer shall be
12confidential and may only be transmitted to those persons who
13are necessary to the decision on whether to hire the applicant
14for employment. A copy of the record of convictions or
15adjudications as a delinquent minor obtained from the
16Department of State Police shall be provided to the applicant
17for employment. Any person who releases any confidential
18information concerning any criminal convictions or
19adjudications as a delinquent minor of an applicant for
20employment shall be guilty of a Class A misdemeanor, unless the
21release of such information is authorized by this Section.
22    (c) The Chicago Park District may not knowingly employ a
23person who has been convicted, or adjudicated a delinquent
24minor, for committing attempted first degree murder or for
25committing or attempting to commit first degree murder, a Class
26X felony, or any one or more of the following offenses: (i)

 

 

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1those defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
211-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
311-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
411-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5,
512-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
61961; (ii) those defined in the Cannabis Control Act, except
7those defined in Sections 4(a), 4(b), and 5(a) of that Act;
8(iii) those defined in the Illinois Controlled Substances Act;
9(iv) those defined in the Methamphetamine Control and Community
10Protection Act; and (v) any offense committed or attempted in
11any other state or against the laws of the United States,
12which, if committed or attempted in this State, would have been
13punishable as one or more of the foregoing offenses. Further,
14the Chicago Park District may not knowingly employ a person who
15has been found to be the perpetrator of sexual or physical
16abuse of any minor under 18 years of age pursuant to
17proceedings under Article II of the Juvenile Court Act of 1987.
18The Chicago Park District may not knowingly employ a person for
19whom a criminal background investigation has not been
20initiated.
21(Source: P.A. 96-1551, eff. 7-1-11.)
 
22    Section 15. The Juvenile Court Act of 1987 is amended by
23changing Sections 1-7 and 5-905 as follows:
 
24    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)

 

 

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1    Sec. 1-7. Confidentiality of law enforcement records.
2    (A) Inspection and copying of law enforcement records
3maintained by law enforcement agencies that relate to a minor
4who has been arrested or taken into custody before his or her
517th birthday shall be restricted to the following:
6        (1) Any local, State or federal law enforcement
7    officers of any jurisdiction or agency when necessary for
8    the discharge of their official duties during the
9    investigation or prosecution of a crime or relating to a
10    minor who has been adjudicated delinquent and there has
11    been a previous finding that the act which constitutes the
12    previous offense was committed in furtherance of criminal
13    activities by a criminal street gang, or, when necessary
14    for the discharge of its official duties in connection with
15    a 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. For purposes of this Section,
20    "criminal street gang" has the meaning ascribed to it in
21    Section 10 of the Illinois Streetgang Terrorism Omnibus
22    Prevention Act.
23        (2) Prosecutors, probation officers, social workers,
24    or other individuals assigned by the court to conduct a
25    pre-adjudication or pre-disposition investigation, and
26    individuals responsible for supervising or providing

 

 

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1    temporary or permanent care and custody for minors pursuant
2    to the order of the juvenile court, when essential to
3    performing their responsibilities.
4        (3) Prosecutors and probation officers:
5            (a) in the course of a trial when institution of
6        criminal proceedings has been permitted or required
7        under Section 5-805; or
8            (b) when institution of criminal proceedings has
9        been permitted or required under Section 5-805 and such
10        minor is the subject of a proceeding to determine the
11        amount of bail; or
12            (c) when criminal proceedings have been permitted
13        or required under Section 5-805 and such minor is the
14        subject of a pre-trial investigation, pre-sentence
15        investigation, fitness hearing, or proceedings on an
16        application for probation.
17        (4) Adult and Juvenile Prisoner Review Board.
18        (5) Authorized military personnel.
19        (6) Persons engaged in bona fide research, with the
20    permission of the Presiding Judge of the Juvenile Court and
21    the chief executive of the respective law enforcement
22    agency; provided that publication of such research results
23    in no disclosure of a minor's identity and protects the
24    confidentiality of the minor's record.
25        (7) Department of Children and Family Services child
26    protection investigators acting in their official

 

 

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1    capacity.
2        (8) The appropriate school official. Inspection and
3    copying shall be limited to law enforcement records
4    transmitted to the appropriate school official by a local
5    law enforcement agency under a reciprocal reporting system
6    established and maintained between the school district and
7    the local law enforcement agency under Section 10-20.14 of
8    the School Code concerning a minor enrolled in a school
9    within the school district who has been arrested or taken
10    into custody for any of the following offenses:
11            (i) unlawful use of weapons under Section 24-1 of
12        the Criminal Code of 1961;
13            (ii) a violation of the Illinois Controlled
14        Substances Act;
15            (iii) a violation of the Cannabis Control Act;
16            (iv) a forcible felony as defined in Section 2-8 of
17        the Criminal Code of 1961; or
18            (v) a violation of the Methamphetamine Control and
19        Community Protection Act.
20        (9) Mental health professionals on behalf of the
21    Illinois Department of Corrections or the Department of
22    Human Services or prosecutors who are evaluating,
23    prosecuting, or investigating a potential or actual
24    petition brought under the Sexually Violent Persons
25    Commitment Act relating to a person who is the subject of
26    juvenile law enforcement records or the respondent to a

 

 

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1    petition brought under the Sexually Violent Persons
2    Commitment Act who is the subject of the juvenile law
3    enforcement records sought. Any records and any
4    information obtained from those records under this
5    paragraph (9) may be used only in sexually violent persons
6    commitment proceedings.
7        (10) The president of a park district. Inspection and
8    copying shall be limited to law enforcement records
9    transmitted to the president of the park district by the
10    Illinois State Police under Section 8-23 of the Park
11    District Code or Section 16a-5 of the Chicago Park District
12    Act concerning a person who is seeking employment with that
13    park district and who has been adjudicated a juvenile
14    delinquent for any of the offenses listed in subsection (c)
15    of Section 8-23 of the Park District Code or subsection (c)
16    of Section 16a-5 of the Chicago Park District Act.
17    (B) (1) Except as provided in paragraph (2), no law
18    enforcement officer or other person or agency may knowingly
19    transmit to the Department of Corrections, Adult Division
20    or the Department of State Police or to the Federal Bureau
21    of Investigation any fingerprint or photograph relating to
22    a minor who has been arrested or taken into custody before
23    his or her 17th birthday, unless the court in proceedings
24    under this Act authorizes the transmission or enters an
25    order under Section 5-805 permitting or requiring the
26    institution of criminal proceedings.

 

 

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1        (2) Law enforcement officers or other persons or
2    agencies shall transmit to the Department of State Police
3    copies of fingerprints and descriptions of all minors who
4    have been arrested or taken into custody before their 17th
5    birthday for the offense of unlawful use of weapons under
6    Article 24 of the Criminal Code of 1961, a Class X or Class
7    1 felony, a forcible felony as defined in Section 2-8 of
8    the Criminal Code of 1961, or a Class 2 or greater felony
9    under the Cannabis Control Act, the Illinois Controlled
10    Substances Act, the Methamphetamine Control and Community
11    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
12    pursuant to Section 5 of the Criminal Identification Act.
13    Information reported to the Department pursuant to this
14    Section may be maintained with records that the Department
15    files pursuant to Section 2.1 of the Criminal
16    Identification Act. Nothing in this Act prohibits a law
17    enforcement agency from fingerprinting a minor taken into
18    custody or arrested before his or her 17th birthday for an
19    offense other than those listed in this paragraph (2).
20    (C) The records of law enforcement officers, or of an
21independent agency created by ordinance and charged by a unit
22of local government with the duty of investigating the conduct
23of law enforcement officers, concerning all minors under 17
24years of age must be maintained separate from the records of
25arrests and may not be open to public inspection or their
26contents disclosed to the public except by order of the court

 

 

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1presiding over matters pursuant to this Act or when the
2institution of criminal proceedings has been permitted or
3required under Section 5-805 or such a person has been
4convicted of a crime and is the subject of pre-sentence
5investigation or proceedings on an application for probation or
6when provided by law. For purposes of obtaining documents
7pursuant to this Section, a civil subpoena is not an order of
8the court.
9        (1) In cases where the law enforcement, or independent
10    agency, records concern a pending juvenile court case, the
11    party seeking to inspect the records shall provide actual
12    notice to the attorney or guardian ad litem of the minor
13    whose records are sought.
14        (2) In cases where the records concern a juvenile court
15    case that is no longer pending, the party seeking to
16    inspect the records shall provide actual notice to the
17    minor or the minor's parent or legal guardian, and the
18    matter shall be referred to the chief judge presiding over
19    matters pursuant to this Act.
20        (3) In determining whether the records should be
21    available for inspection, the court shall consider the
22    minor's interest in confidentiality and rehabilitation
23    over the moving party's interest in obtaining the
24    information. Any records obtained in violation of this
25    subsection (C) shall not be admissible in any criminal or
26    civil proceeding, or operate to disqualify a minor from

 

 

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1    subsequently holding public office or securing employment,
2    or operate as a forfeiture of any public benefit, right,
3    privilege, or right to receive any license granted by
4    public authority.
5    (D) Nothing contained in subsection (C) of this Section
6shall prohibit the inspection or disclosure to victims and
7witnesses of photographs contained in the records of law
8enforcement agencies when the inspection and disclosure is
9conducted in the presence of a law enforcement officer for the
10purpose of the identification or apprehension of any person
11subject to the provisions of this Act or for the investigation
12or prosecution of any crime.
13    (E) Law enforcement officers, and personnel of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, may not disclose the identity of
17any minor in releasing information to the general public as to
18the arrest, investigation or disposition of any case involving
19a minor.
20    (F) Nothing contained in this Section shall prohibit law
21enforcement agencies from communicating with each other by
22letter, memorandum, teletype or intelligence alert bulletin or
23other means the identity or other relevant information
24pertaining to a person under 17 years of age if there are
25reasonable grounds to believe that the person poses a real and
26present danger to the safety of the public or law enforcement

 

 

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1officers. The information provided under this subsection (F)
2shall remain confidential and shall not be publicly disclosed,
3except as otherwise allowed by law.
4    (G) Nothing in this Section shall prohibit the right of a
5Civil Service Commission or appointing authority of any state,
6county or municipality examining the character and fitness of
7an applicant for employment with a law enforcement agency,
8correctional institution, or fire department from obtaining
9and examining the records of any law enforcement agency
10relating to any record of the applicant having been arrested or
11taken into custody before the applicant's 17th birthday.
12(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
13    (705 ILCS 405/5-905)
14    Sec. 5-905. Law enforcement records.
15    (1) Law Enforcement Records. Inspection and copying of law
16enforcement records maintained by law enforcement agencies
17that relate to a minor who has been arrested or taken into
18custody before his or her 17th birthday shall be restricted to
19the following and when necessary for the discharge of their
20official duties:
21        (a) A judge of the circuit court and members of the
22    staff of the court designated by the judge;
23        (b) Law enforcement officers, probation officers or
24    prosecutors or their staff, or, when necessary for the
25    discharge of its official duties in connection with a

 

 

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1    particular investigation of the conduct of a law
2    enforcement officer, an independent agency or its staff
3    created by ordinance and charged by a unit of local
4    government with the duty of investigating the conduct of
5    law enforcement officers;
6        (c) The minor, the minor's parents or legal guardian
7    and their attorneys, but only when the juvenile has been
8    charged with an offense;
9        (d) Adult and Juvenile Prisoner Review Boards;
10        (e) Authorized military personnel;
11        (f) Persons engaged in bona fide research, with the
12    permission of the judge of juvenile court and the chief
13    executive of the agency that prepared the particular
14    recording: provided that publication of such research
15    results in no disclosure of a minor's identity and protects
16    the confidentiality of the record;
17        (g) Individuals responsible for supervising or
18    providing temporary or permanent care and custody of minors
19    pursuant to orders of the juvenile court or directives from
20    officials of the Department of Children and Family Services
21    or the Department of Human Services who certify in writing
22    that the information will not be disclosed to any other
23    party except as provided under law or order of court;
24        (h) The appropriate school official. Inspection and
25    copying shall be limited to law enforcement records
26    transmitted to the appropriate school official by a local

 

 

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1    law enforcement agency under a reciprocal reporting system
2    established and maintained between the school district and
3    the local law enforcement agency under Section 10-20.14 of
4    the School Code concerning a minor enrolled in a school
5    within the school district who has been arrested for any
6    offense classified as a felony or a Class A or B
7    misdemeanor.
8        (i) The president of a park district. Inspection and
9    copying shall be limited to law enforcement records
10    transmitted to the president of the park district by the
11    Illinois State Police under Section 8-23 of the Park
12    District Code or Section 16a-5 of the Chicago Park District
13    Act concerning a person who is seeking employment with that
14    park district and who has been adjudicated a juvenile
15    delinquent for any of the offenses listed in subsection (c)
16    of Section 8-23 of the Park District Code or subsection (c)
17    of Section 16a-5 of the Chicago Park District Act.
18    (2) Information identifying victims and alleged victims of
19sex offenses, shall not be disclosed or open to public
20inspection under any circumstances. Nothing in this Section
21shall prohibit the victim or alleged victim of any sex offense
22from voluntarily disclosing his or her identity.
23    (2.5) If the minor is a victim of aggravated battery,
24battery, attempted first degree murder, or other non-sexual
25violent offense, the identity of the victim may be disclosed to
26appropriate school officials, for the purpose of preventing

 

 

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1foreseeable future violence involving minors, by a local law
2enforcement agency pursuant to an agreement established
3between the school district and a local law enforcement agency
4subject to the approval by the presiding judge of the juvenile
5court.
6    (3) Relevant information, reports and records shall be made
7available to the Department of Juvenile Justice when a juvenile
8offender has been placed in the custody of the Department of
9Juvenile Justice.
10    (4) Nothing in this Section shall prohibit the inspection
11or disclosure to victims and witnesses of photographs contained
12in the records of law enforcement agencies when the inspection
13or disclosure is conducted in the presence of a law enforcement
14officer for purposes of identification or apprehension of any
15person in the course of any criminal investigation or
16prosecution.
17    (5) The records of law enforcement officers, or of an
18independent agency created by ordinance and charged by a unit
19of local government with the duty of investigating the conduct
20of law enforcement officers, concerning all minors under 17
21years of age must be maintained separate from the records of
22adults and may not be open to public inspection or their
23contents disclosed to the public except by order of the court
24or when the institution of criminal proceedings has been
25permitted under Section 5-130 or 5-805 or required under
26Section 5-130 or 5-805 or such a person has been convicted of a

 

 

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1crime and is the subject of pre-sentence investigation or when
2provided by law.
3    (6) Except as otherwise provided in this subsection (6),
4law enforcement officers, and personnel of an independent
5agency created by ordinance and charged by a unit of local
6government with the duty of investigating the conduct of law
7enforcement officers, may not disclose the identity of any
8minor in releasing information to the general public as to the
9arrest, investigation or disposition of any case involving a
10minor. Any victim or parent or legal guardian of a victim may
11petition the court to disclose the name and address of the
12minor and the minor's parents or legal guardian, or both. Upon
13a finding by clear and convincing evidence that the disclosure
14is either necessary for the victim to pursue a civil remedy
15against the minor or the minor's parents or legal guardian, or
16both, or to protect the victim's person or property from the
17minor, then the court may order the disclosure of the
18information to the victim or to the parent or legal guardian of
19the victim only for the purpose of the victim pursuing a civil
20remedy against the minor or the minor's parents or legal
21guardian, or both, or to protect the victim's person or
22property from the minor.
23    (7) Nothing contained in this Section shall prohibit law
24enforcement agencies when acting in their official capacity
25from communicating with each other by letter, memorandum,
26teletype or intelligence alert bulletin or other means the

 

 

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1identity or other relevant information pertaining to a person
2under 17 years of age. The information provided under this
3subsection (7) shall remain confidential and shall not be
4publicly disclosed, except as otherwise allowed by law.
5    (8) No person shall disclose information under this Section
6except when acting in his or her official capacity and as
7provided by law or order of court.
8(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.