Full Text of HB5602 97th General Assembly
HB5602enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning juveniles.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 22-20 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 | 8 | | State of
Illinois and its political subdivisions shall report | 9 | | to the principal of
any public school in this State whenever a | 10 | | child enrolled therein is
detained for proceedings under the | 11 | | Juvenile Court Act of 1987, as heretofore
and hereafter | 12 | | amended, or for any criminal offense or any violation of a
| 13 | | municipal or county ordinance. The report shall include the | 14 | | basis for
detaining the child, circumstances surrounding the | 15 | | events which led to the
child's detention, and status of | 16 | | proceedings. The report shall be updated as
appropriate to | 17 | | notify the principal of developments and the disposition of the
| 18 | | matter.
| 19 | | The information derived thereby shall be kept separate from | 20 | | and shall
not become a part of the official school record of | 21 | | such child and shall not
be a public record. Such information | 22 | | shall be used solely by the appropriate school official or | 23 | | officials whom the school has determined to have a legitimate |
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| 1 | | educational or safety interest principal,
counselors and | 2 | | teachers of the school to aid in the proper rehabilitation
of | 3 | | the child and to protect the safety of students and employees | 4 | | in the
school.
| 5 | | (Source: P.A. 89-610, eff. 8-6-96.)
| 6 | | Section 10. The Juvenile Court Act of 1987 is amended by | 7 | | changing 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 | 11 | | maintained by law
enforcement agencies that relate to a minor | 12 | | who has been arrested or taken
into custody before his or her | 13 | | 17th 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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| 1 | | independent agency created by ordinance and charged by a unit | 2 | | of local government with the duty of investigating the conduct | 3 | | of law enforcement officers, concerning all minors under
17 | 4 | | years of age must be maintained separate from the records of | 5 | | arrests and
may not be open to public inspection or their | 6 | | contents disclosed to the
public except by order of the court | 7 | | presiding over matters pursuant to this Act or when the | 8 | | institution of criminal
proceedings has been permitted or | 9 | | required under Section
5-805 or such a person has been | 10 | | convicted of a crime and is the
subject of
pre-sentence | 11 | | investigation or proceedings on an application for probation
or | 12 | | when provided by law. For purposes of obtaining documents | 13 | | pursuant to this Section, a civil subpoena is not an order of | 14 | | the 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 | 12 | | shall prohibit
the inspection or disclosure to victims and | 13 | | witnesses of photographs
contained in the records of law | 14 | | enforcement agencies when the
inspection and disclosure is | 15 | | conducted in the presence of a law enforcement
officer for the | 16 | | purpose of the identification or apprehension of any person
| 17 | | subject to the provisions of this Act or for the investigation | 18 | | or
prosecution of any crime.
| 19 | | (E) Law enforcement officers, and personnel of an | 20 | | independent agency created by ordinance and charged by a unit | 21 | | of local government with the duty of investigating the conduct | 22 | | of law enforcement officers, may not disclose the identity of | 23 | | any minor
in releasing information to the general public as to | 24 | | the arrest, investigation
or disposition of any case involving | 25 | | a minor.
| 26 | | (F) Nothing contained in this Section shall prohibit law |
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| 1 | | enforcement
agencies from communicating with each other by | 2 | | letter, memorandum, teletype or
intelligence alert bulletin or | 3 | | other means the identity or other relevant
information | 4 | | pertaining to a person under 17 years of age if there are
| 5 | | reasonable grounds to believe that the person poses a real and | 6 | | present danger
to the safety of the public or law enforcement | 7 | | officers. The information
provided under this subsection (F) | 8 | | shall remain confidential and shall not
be publicly disclosed, | 9 | | except as otherwise allowed by law.
| 10 | | (G) Nothing in this Section shall prohibit the right of a | 11 | | Civil Service
Commission or appointing authority of any state, | 12 | | county or municipality
examining the character and fitness of | 13 | | an applicant for employment with a law
enforcement agency, | 14 | | correctional institution, or fire department
from obtaining | 15 | | and examining the
records of any law enforcement agency | 16 | | relating to any record of the applicant
having been arrested or | 17 | | taken 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 | 22 | | enforcement records maintained by law enforcement
agencies | 23 | | that relate to a minor who has been arrested or taken into | 24 | | custody
before his or her 17th birthday shall be restricted to | 25 | | the following and when
necessary for the discharge of their |
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| 1 | | official 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 | 3 | | sex offenses,
shall not be disclosed or open to public | 4 | | inspection under any circumstances.
Nothing in this Section | 5 | | shall prohibit the victim or alleged victim of any sex
offense | 6 | | from voluntarily disclosing his or her identity.
| 7 | | (2.5) If the minor is a victim of aggravated battery, | 8 | | battery, attempted first degree murder, or other non-sexual | 9 | | violent offense, the identity of the victim may be disclosed to | 10 | | appropriate school officials, for the purpose of preventing | 11 | | foreseeable future violence involving minors, by a local law | 12 | | enforcement agency pursuant to an agreement established | 13 | | between the school district and a local law enforcement agency | 14 | | subject to the approval by the presiding judge of the juvenile | 15 | | court. | 16 | | (3) Relevant information, reports and records shall be made | 17 | | available to the
Department of Juvenile Justice when a juvenile | 18 | | offender has been placed in the
custody of the Department of | 19 | | Juvenile Justice.
| 20 | | (4) Nothing in this Section shall prohibit the inspection | 21 | | or disclosure to
victims and witnesses of photographs contained | 22 | | in the records of law
enforcement agencies when the inspection | 23 | | or disclosure is conducted in the
presence of a law enforcement | 24 | | officer for purposes of identification or
apprehension of any | 25 | | person in the course of any criminal investigation or
| 26 | | prosecution.
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| 1 | | (5) The records of law enforcement officers, or of an | 2 | | independent agency created by ordinance and charged by a unit | 3 | | of local government with the duty of investigating the conduct | 4 | | of law enforcement officers, concerning all minors under
17 | 5 | | years of age must be maintained separate from the records of | 6 | | adults and
may not be open to public inspection or their | 7 | | contents disclosed to the
public except by order of the court | 8 | | or when the institution of criminal
proceedings has been | 9 | | permitted under Section 5-130 or 5-805 or required
under | 10 | | Section
5-130 or 5-805 or such a person has been convicted of a | 11 | | crime and is the
subject of
pre-sentence investigation or when | 12 | | provided by law.
| 13 | | (6) Except as otherwise provided in this subsection (6), | 14 | | law enforcement
officers, and personnel of an independent | 15 | | agency created by ordinance and charged by a unit of local | 16 | | government with the duty of investigating the conduct of law | 17 | | enforcement officers, may not disclose the identity of any | 18 | | minor
in releasing information to the general public as to the | 19 | | arrest, investigation
or disposition of any case involving a | 20 | | minor.
Any victim or parent or legal guardian of a victim may | 21 | | petition the court to
disclose the name and address of the | 22 | | minor and the minor's parents or legal
guardian, or both. Upon | 23 | | a finding by clear and convincing evidence that the
disclosure | 24 | | is either necessary for the victim to pursue a civil remedy | 25 | | against
the minor or the minor's parents or legal guardian, or | 26 | | both, or to protect the
victim's person or property from the |
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| 1 | | minor, then the court may order the
disclosure of the | 2 | | information to the victim or to the parent or legal guardian
of | 3 | | the victim only for the purpose of the victim pursuing a civil | 4 | | remedy
against the minor or the minor's parents or legal | 5 | | guardian, or both, or to
protect the victim's person or | 6 | | property from the minor.
| 7 | | (7) Nothing contained in this Section shall prohibit law | 8 | | enforcement
agencies when acting in their official capacity | 9 | | from communicating with each
other by letter, memorandum, | 10 | | teletype or
intelligence alert bulletin or other means the | 11 | | identity or other relevant
information pertaining to a person | 12 | | under 17 years of age. The information
provided under this | 13 | | subsection (7) shall remain confidential and shall not
be | 14 | | publicly disclosed, except as otherwise allowed by law.
| 15 | | (8) No person shall disclose information under this Section | 16 | | except when
acting in his or her official capacity and as | 17 | | provided by law or order of
court.
| 18 | | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
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