(705 ILCS 405/5-905)
Law enforcement records.
(1) Law Enforcement Records.
Inspection and copying of law enforcement records maintained by law enforcement
agencies that relate to a minor who has been investigated, arrested, or taken into custody
before his or her 18th birthday shall be restricted to the following and when
necessary for the discharge of their official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff, or, when necessary for the discharge of its official duties in connection with a particular investigation of the conduct of a law enforcement officer, an independent agency or its staff created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers;
(c) The minor, the minor's parents or legal guardian
and their attorneys, but only when the juvenile has been charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of minors pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court;
(h) The appropriate school official 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.
(A) Inspection and copying shall be limited to
law enforcement records transmitted to the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10-20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested or taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
(iii) a violation of the Cannabis Control
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
(v) a violation of the Methamphetamine
Control and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 1961 or the Criminal Code of 2012.
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. The information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school. 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. "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.
(B) 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. 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. 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. For purposes of this paragraph, "investigation" means an official systematic inquiry by a law enforcement agency into actual or suspected criminal activity;
(i) The president of a park district. Inspection and
copying shall be limited to law enforcement records transmitted to the president of the park district by the Illinois State Police under Section 8-23 of the Park District Code or Section 16a-5 of the Chicago Park District Act concerning a person who is seeking employment with that park district and who has been adjudicated a juvenile delinquent for any of the offenses listed in subsection (c) of Section 8-23 of the Park District Code or subsection (c) of Section 16a-5 of the Chicago Park District Act.
(2) Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(2.5) If the minor is a victim of aggravated battery, battery, attempted first degree murder, or other non-sexual violent offense, the identity of the victim may be disclosed to appropriate school officials, for the purpose of preventing foreseeable future violence involving minors, by a local law enforcement agency pursuant to an agreement established between the school district and a local law enforcement agency subject to the approval by the presiding judge of the juvenile court.
(3) Relevant information, reports and records shall be made available to the
Department of Juvenile Justice when a juvenile offender has been placed in the
custody of the Department of Juvenile Justice.
(4) Nothing in this Section shall prohibit the inspection or disclosure to
victims and witnesses of photographs contained in the records of law
enforcement agencies when the inspection or disclosure is conducted in the
presence of a law enforcement officer for purposes of identification or
apprehension of any person in the course of any criminal investigation or
(5) The records of law enforcement officers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under
18 years of age must be maintained separate from the records of adults and
may not be open to public inspection or their contents disclosed to the
public except by order of the court or when the institution of criminal
proceedings has been permitted under Section 5-130 or 5-805 or required
5-130 or 5-805 or such a person has been convicted of a crime and is the
pre-sentence investigation or when provided by law.
(6) Except as otherwise provided in this subsection (6), law enforcement
officers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor
in releasing information to the general public as to the arrest, investigation
or disposition of any case involving a minor.
Any victim or parent or legal guardian of a victim may petition the court to
disclose the name and address of the minor and the minor's parents or legal
guardian, or both. Upon a finding by clear and convincing evidence that the
disclosure is either necessary for the victim to pursue a civil remedy against
the minor or the minor's parents or legal guardian, or both, or to protect the
victim's person or property from the minor, then the court may order the
disclosure of the information to the victim or to the parent or legal guardian
of the victim only for the purpose of the victim pursuing a civil remedy
against the minor or the minor's parents or legal guardian, or both, or to
protect the victim's person or property from the minor.
(7) Nothing contained in this Section shall prohibit law enforcement
agencies when acting in their official capacity from communicating with each
other by letter, memorandum, teletype or
intelligence alert bulletin or other means the identity or other relevant
information pertaining to a person under 18 years of age. The information
provided under this subsection (7) shall remain confidential and shall not
be publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this Section except when
acting in his or her official capacity and as provided by law or order of
(9) The changes made to this Section by Public Act 98-61 apply to law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, eff. 8-6-15.)