Illinois General Assembly - Bill Status for HB5602

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.

Replaces everything after the enacting clause. Reinserts the provisions of the bill, except provides that any information provided to appropriate school officials whom the school has determined to have a legitimate educational or safety interest by local law enforcement officials about a minor who is the subject of a current police investigation that is directly related to school safety shall consist of oral information only, and not written law enforcement records, and shall be used solely by the appropriate school official or officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child. Provides that the information derived orally from the local law enforcement officials shall be kept separate from and shall not become a part of the official school record of the child and shall not be a public record. Provides that this limitation on the use of information about a minor who is the subject of a current police investigation shall in no way limit the use of this information by prosecutors in pursuing criminal charges arising out of the information disclosed during a police investigation of the minor.

Provides that a local law enforcement agency or officer may provide information to appropriate school officials only if the agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds. Provides that the information furnished to the appropriate school officials shall concern only the offenses of: (1) unlawful use of weapons; (2) violations of the Cannabis Control Act; (3) violations of the Illinois Controlled Substances Act; (4) forcible felonies; (5) violations of the Methamphetamine Control and Community Protection Act; (6) harassment through electronic communications; and (7) hazing (rather than offenses classified as felonies or Class A or B misdemeanors).

Provides that the information furnished to the appropriate school officials shall concern only the offenses of: (1) violations of the Deadly Weapons Article of the Criminal Code of 1961; (2) violations of the Illinois Controlled Substances Act; (3) violations of the Cannabis Control Act; (4) forcible felonies; (4) violations of the Methamphetamine Control and Community Protection Act; (5) harassment through electronic communications; (7) violations of the Hazing Act; and (8) assault, aggravated assault, battery, aggravated battery, battery of an unborn child, aggravated battery of an unborn child, domestic battery, violation of an order of protection, interference with reporting of domestic violence, reckless conduct, stalking, aggravated stalking, cyberstalking, mob action, or unlawful contact with streetgang members (rather than offenses classified as felonies or Class A or B misdemeanors). Provides that if the designated law enforcement and school officials deem it to be in the best interest of the minor, the student may be referred to in-school or community based social services if those services are available. Provides that "rehabilitation services" may include interventions by school support personnel, evaluation for eligibility for special education, referrals to community-based agencies such as youth services, behavioral healthcare service providers, drug and alcohol prevention or treatment programs, and other interventions as deemed appropriate for the student. Adds definition of "investigation".

×