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| Public Act 097-1104
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| HB5602 Enrolled | LRB097 17841 RLC 63061 b |
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AN ACT concerning juveniles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
22-20 as follows:
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(105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
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Sec. 22-20.
All courts and law enforcement agencies of the |
State of
Illinois and its political subdivisions shall report |
to the principal of
any public school in this State whenever a |
child enrolled therein is
detained for proceedings under the |
Juvenile Court Act of 1987, as heretofore
and hereafter |
amended, or for any criminal offense or any violation of a
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municipal or county ordinance. The report shall include the |
basis for
detaining the child, circumstances surrounding the |
events which led to the
child's detention, and status of |
proceedings. The report shall be updated as
appropriate to |
notify the principal of developments and the disposition of the
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matter.
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The information derived thereby shall be kept separate from |
and shall
not become a part of the official school record of |
such child and shall not
be a public record. Such information |
shall be used solely by the appropriate school official or |
officials whom the school has determined to have a legitimate |
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educational or safety interest principal,
counselors and |
teachers of the school to aid in the proper rehabilitation
of |
the child and to protect the safety of students and employees |
in the
school.
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(Source: P.A. 89-610, eff. 8-6-96.)
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Section 10. The Juvenile Court Act of 1987 is amended by |
changing Sections 1-7 and 5-905 as follows:
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(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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Sec. 1-7. Confidentiality of law enforcement records.
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(A) 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 shall be restricted to the
following:
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(1) Any local, State or federal law enforcement |
officers of any
jurisdiction or agency when necessary for |
the discharge of their official
duties during the |
investigation or prosecution of a crime or relating to a
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minor who has been adjudicated delinquent and there has |
been a previous finding
that the act which constitutes the |
previous offense was committed in
furtherance of criminal |
activities by a criminal street gang, 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 |
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created by ordinance and charged by a unit of local |
government with the duty of investigating the conduct of |
law enforcement officers. For purposes of
this Section, |
"criminal street gang" has the meaning ascribed to it in
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Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act.
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(2) Prosecutors, probation officers, social workers, |
or other
individuals assigned by the court to conduct a |
pre-adjudication or
pre-disposition investigation, and |
individuals responsible for supervising
or providing |
temporary or permanent care and custody for minors pursuant |
to
the order of the juvenile court, when essential to |
performing their
responsibilities.
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(3) Prosecutors and probation officers:
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(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
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(b) when institution of criminal proceedings has |
been permitted or required under Section 5-805 and such |
minor is the
subject
of a proceeding to determine the |
amount of bail; or
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(c) when criminal proceedings have been permitted
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or
required under Section 5-805 and such minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation, fitness hearing, or proceedings
on an |
application for probation.
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(4) Adult and Juvenile Prisoner Review Board.
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(5) Authorized military personnel.
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(6) Persons engaged in bona fide research, with the |
permission of the
Presiding Judge of the Juvenile Court and |
the chief executive of the respective
law enforcement |
agency; provided that publication of such research results
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in no disclosure of a minor's identity and protects the |
confidentiality
of the minor's record.
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(7) Department of Children and Family Services child |
protection
investigators acting in their official |
capacity.
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(8) 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
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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
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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:
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(i) any violation of Article 24 unlawful use of |
weapons under Section 24-1 of the Criminal Code of
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1961;
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(ii) a violation of the Illinois Controlled |
Substances Act;
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(iii) a violation of the Cannabis Control Act;
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(iv) a forcible felony as defined in Section 2-8 of |
the Criminal Code
of 1961; or |
(v) a violation of the Methamphetamine Control and |
Community Protection Act; .
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(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. |
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 |
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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 |
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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.
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(9) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Violent Persons |
Commitment Act relating to a person who is
the
subject of |
juvenile law enforcement records or the respondent to a |
petition
brought under the Sexually Violent Persons |
Commitment Act who is the subject of
the
juvenile law |
enforcement records sought.
Any records and any |
information obtained from those records under this
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paragraph (9) may be used only in sexually violent persons |
commitment
proceedings.
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(B) (1) Except as provided in paragraph (2), no law |
enforcement
officer or other person or agency may knowingly |
transmit to the Department of
Corrections, Adult Division |
or the Department of State Police or to the Federal
Bureau |
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of Investigation any fingerprint or photograph relating to |
a minor who
has been arrested or taken into custody before |
his or her 17th birthday,
unless the court in proceedings |
under this Act authorizes the transmission or
enters an |
order under Section 5-805 permitting or requiring the
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institution of
criminal proceedings.
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(2) Law enforcement officers or other persons or |
agencies shall transmit
to the Department of State Police |
copies of fingerprints and descriptions
of all minors who |
have been arrested or taken into custody before their
17th |
birthday for the offense of unlawful use of weapons under |
Article 24 of
the Criminal Code of 1961, a Class X or Class |
1 felony, a forcible felony as
defined in Section 2-8 of |
the Criminal Code of 1961, or a Class 2 or greater
felony |
under the Cannabis Control Act, the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act,
or Chapter 4 of the Illinois Vehicle Code, |
pursuant to Section 5 of the
Criminal Identification Act. |
Information reported to the Department pursuant
to this |
Section may be maintained with records that the Department |
files
pursuant to Section 2.1 of the Criminal |
Identification Act. Nothing in this
Act prohibits a law |
enforcement agency from fingerprinting a minor taken into
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custody or arrested before his or her 17th birthday for an |
offense other than
those listed in this paragraph (2).
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(C) The records of law enforcement officers, or of an |
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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
17 |
years of age must be maintained separate from the records of |
arrests and
may not be open to public inspection or their |
contents disclosed to the
public except by order of the court |
presiding over matters pursuant to this Act or when the |
institution of criminal
proceedings has been permitted or |
required under Section
5-805 or such a person has been |
convicted of a crime and is the
subject of
pre-sentence |
investigation or proceedings on an application for probation
or |
when provided by law. For purposes of obtaining documents |
pursuant to this Section, a civil subpoena is not an order of |
the court. |
(1) In cases where the law enforcement, or independent |
agency, records concern a pending juvenile court case, the |
party seeking to inspect the records shall provide actual |
notice to the attorney or guardian ad litem of the minor |
whose records are sought. |
(2) In cases where the records concern a juvenile court |
case that is no longer pending, the party seeking to |
inspect the records shall provide actual notice to the |
minor or the minor's parent or legal guardian, and the |
matter shall be referred to the chief judge presiding over |
matters pursuant to this Act. |
(3) In determining whether the records should be |
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available for inspection, the court shall consider the |
minor's interest in confidentiality and rehabilitation |
over the moving party's interest in obtaining the |
information. Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or |
civil proceeding, or operate to disqualify a minor from |
subsequently holding public office or securing employment, |
or operate as a forfeiture of any public benefit, right, |
privilege, or right to receive any license granted by |
public authority.
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(D) Nothing contained in subsection (C) of 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 and disclosure is |
conducted in the presence of a law enforcement
officer for the |
purpose of the identification or apprehension of any person
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subject to the provisions of this Act or for the investigation |
or
prosecution of any crime.
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(E) 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.
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(F) Nothing contained in this Section shall prohibit law |
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enforcement
agencies 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 17 years of age if there are
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reasonable grounds to believe that the person poses a real and |
present danger
to the safety of the public or law enforcement |
officers. The information
provided under this subsection (F) |
shall remain confidential and shall not
be publicly disclosed, |
except as otherwise allowed by law.
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(G) Nothing in this Section shall prohibit the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of |
an applicant for employment with a law
enforcement agency, |
correctional institution, or fire department
from obtaining |
and examining the
records of any law enforcement agency |
relating to any record of the applicant
having been arrested or |
taken into custody before the applicant's 17th
birthday.
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(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
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(705 ILCS 405/5-905)
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Sec. 5-905. Law enforcement records.
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(1) Law Enforcement Records.
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 shall be restricted to |
the following and when
necessary for the discharge of their |
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official duties:
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(a) A judge of the circuit court and members of the |
staff of the court
designated by the judge;
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(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;
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(c) The minor, the minor's parents or legal guardian |
and their attorneys,
but only when the juvenile has been |
charged with an offense;
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(d) Adult and Juvenile Prisoner Review Boards;
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(e) Authorized military personnel;
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(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;
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(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 |
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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;
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(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; |
(ii) a violation of the Illinois Controlled |
Substances Act; |
(iii) a violation of the Cannabis Control Act; |
(iv) a forcible felony as defined in Section 2-8 of |
the Criminal Code
of 1961; |
(v) a violation of the Methamphetamine Control and |
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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. |
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. offense classified as a felony or a |
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Class A or B misdemeanor.
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(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.
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(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.
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(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
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prosecution.
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(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
17 |
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
under |
Section
5-130 or 5-805 or such a person has been convicted of a |
crime and is the
subject of
pre-sentence investigation or when |
provided by law.
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(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 |
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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.
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(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 17 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.
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(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
court.
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(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
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