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HB0682 Engrossed |
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LRB096 08718 RLC 18850 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 Juvenile Court Act of 1987 is amended by |
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| 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 |
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| maintained by law
enforcement agencies that relate to a minor |
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| who has been arrested or taken
into custody before his or her |
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| 17th birthday shall be restricted to the
following:
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| (1) Any local, State or federal law enforcement |
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| officers of any
jurisdiction or agency when necessary for |
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| the discharge of their official
duties during the |
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| investigation or prosecution of a crime or relating to a
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| minor who has been adjudicated delinquent and there has |
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| been a previous finding
that the act which constitutes the |
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| previous offense was committed in
furtherance of criminal |
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| activities by a criminal street gang , or, when necessary |
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| for the discharge of its official duties in connection with |
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| a particular investigation of the conduct of a law |
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| enforcement officer, an independent agency or its staff |
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| created by ordinance and charged by a unit of local |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| government with the duty of investigating the conduct of |
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| law enforcement officers . For purposes of
this Section, |
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| "criminal street gang" has the meaning ascribed to it in
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| Section 10 of the Illinois Streetgang Terrorism Omnibus |
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| Prevention Act.
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| (2) Prosecutors, probation officers, social workers, |
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| or other
individuals assigned by the court to conduct a |
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| pre-adjudication or
pre-disposition investigation, and |
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| individuals responsible for supervising
or providing |
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| temporary or permanent care and custody for minors pursuant |
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| to
the order of the juvenile court, when essential to |
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| 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 |
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| criminal proceedings
has been permitted or required |
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| under Section 5-805; or
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| (b) when institution of criminal proceedings has |
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| been permitted or required under Section 5-805 and such |
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| minor is the
subject
of a proceeding to determine the |
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| 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 |
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| subject of a
pre-trial
investigation, pre-sentence |
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| investigation, fitness hearing, or proceedings
on an |
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| application for probation.
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| (4) Adult and Juvenile Prisoner Review Board.
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| (5) Authorized military personnel.
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| (6) Persons engaged in bona fide research, with the |
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| permission of the
Presiding Judge of the Juvenile Court and |
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| the chief executive of the respective
law enforcement |
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| agency; provided that publication of such research results
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| in no disclosure of a minor's identity and protects the |
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| confidentiality
of the minor's record.
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| (7) Department of Children and Family Services child |
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| protection
investigators acting in their official |
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| capacity.
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| (8) The appropriate school official. Inspection and |
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| copying
shall be limited to law enforcement records |
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| transmitted to the appropriate
school official by a local |
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| law enforcement agency under a reciprocal reporting
system |
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| established and maintained between the school district and |
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| the local law
enforcement agency under Section 10-20.14 of |
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| the School Code concerning a minor
enrolled in a school |
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| within the school district who has been arrested or taken
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| into custody for any of the following offenses:
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| (i) unlawful use of weapons under Section 24-1 of |
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| the Criminal Code of
1961;
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| (ii) a violation of the Illinois Controlled |
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| 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 |
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| the Criminal Code
of 1961; or |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| (v) a violation of the Methamphetamine Control and |
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| Community Protection Act.
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| (9) Mental health professionals on behalf of the |
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| Illinois Department of
Corrections or the Department of |
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| Human Services or prosecutors who are
evaluating, |
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| prosecuting, or investigating a potential or actual |
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| petition
brought
under the Sexually Violent Persons |
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| Commitment Act relating to a person who is
the
subject of |
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| juvenile law enforcement records or the respondent to a |
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| petition
brought under the Sexually Violent Persons |
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| Commitment Act who is the subject of
the
juvenile law |
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| enforcement records sought.
Any records and any |
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| information obtained from those records under this
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| paragraph (9) may be used only in sexually violent persons |
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| commitment
proceedings.
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| (B) (1) Except as provided in paragraph (2), no law |
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| enforcement
officer or other person or agency may knowingly |
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| transmit to the Department of
Corrections, Adult Division |
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| or the Department of State Police or to the Federal
Bureau |
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| of Investigation any fingerprint or photograph relating to |
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| a minor who
has been arrested or taken into custody before |
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| his or her 17th birthday,
unless the court in proceedings |
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| under this Act authorizes the transmission or
enters an |
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| 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 |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| agencies shall transmit
to the Department of State Police |
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| copies of fingerprints and descriptions
of all minors who |
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| have been arrested or taken into custody before their
17th |
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| birthday for the offense of unlawful use of weapons under |
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| Article 24 of
the Criminal Code of 1961, a Class X or Class |
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| 1 felony, a forcible felony as
defined in Section 2-8 of |
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| the Criminal Code of 1961, or a Class 2 or greater
felony |
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| under the Cannabis Control Act, the Illinois Controlled |
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| Substances Act, the Methamphetamine Control and Community |
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| Protection Act,
or Chapter 4 of the Illinois Vehicle Code, |
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| pursuant to Section 5 of the
Criminal Identification Act. |
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| Information reported to the Department pursuant
to this |
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| Section may be maintained with records that the Department |
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| files
pursuant to Section 2.1 of the Criminal |
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| Identification Act. Nothing in this
Act prohibits a law |
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| enforcement agency from fingerprinting a minor taken into
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| custody or arrested before his or her 17th birthday for an |
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| 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 |
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| of local government with the duty of investigating the conduct |
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| of law enforcement officers, concerning all minors under
17 |
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| years of age must be maintained separate from the records of |
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| arrests and
may not be open to public inspection or their |
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| contents disclosed to the
public except by order of the court |
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| presiding over matters pursuant to this Act or when the |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| institution of criminal
proceedings has been permitted or |
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| required under Section
5-805 or such a person has been |
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| convicted of a crime and is the
subject of
pre-sentence |
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| investigation or proceedings on an application for probation
or |
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| when provided by law. For purposes of obtaining documents |
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| pursuant to this Section, a civil subpoena is not an order of |
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| the court. |
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| (1) In cases where the law enforcement , or independent |
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| agency, records concern a pending juvenile court case, the |
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| party seeking to inspect the records shall provide actual |
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| notice to the attorney or guardian ad litem of the minor |
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| whose records are sought. |
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| (2) In cases where the records concern a juvenile court |
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| case that is no longer pending, the party seeking to |
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| inspect the records shall provide actual notice to the |
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| minor or the minor's parent or legal guardian, and the |
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| matter shall be referred to the chief judge presiding over |
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| matters pursuant to this Act. |
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| (3) In determining whether the records should be |
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| available for inspection, the court shall consider the |
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| minor's interest in confidentiality and rehabilitation |
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| over the moving party's interest in obtaining the |
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| information. Any records obtained in violation of this |
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| subsection (C) shall not be admissible in any criminal or |
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| civil proceeding, or operate to disqualify a minor from |
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| subsequently holding public office or securing employment, |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| or operate as a forfeiture of any public benefit, right, |
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| privilege, or right to receive any license granted by |
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| public authority.
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| (D) Nothing contained in subsection (C) of this Section |
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| shall prohibit
the inspection or disclosure to victims and |
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| witnesses of photographs
contained in the records of law |
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| enforcement agencies when the
inspection and disclosure is |
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| conducted in the presence of a law enforcement
officer for the |
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| purpose of the identification or apprehension of any person
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| subject to the provisions of this Act or for the investigation |
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| or
prosecution of any crime.
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| (E) Law enforcement officers , and personnel of an |
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| independent agency created by ordinance and charged by a unit |
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| of local government with the duty of investigating the conduct |
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| of law enforcement officers, may not disclose the identity of |
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| any minor
in releasing information to the general public as to |
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| the arrest, investigation
or disposition of any case involving |
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| 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 |
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| letter, memorandum, teletype or
intelligence alert bulletin or |
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| other means the identity or other relevant
information |
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| 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 |
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| present danger
to the safety of the public or law enforcement |
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| officers. The information
provided under this subsection (F) |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| shall remain confidential and shall not
be publicly disclosed, |
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| except as otherwise allowed by law.
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| (G) Nothing in this Section shall prohibit the right of a |
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| Civil Service
Commission or appointing authority of any state, |
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| county or municipality
examining the character and fitness of |
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| an applicant for employment with a law
enforcement agency, |
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| correctional institution, or fire department
from obtaining |
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| and examining the
records of any law enforcement agency |
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| relating to any record of the applicant
having been arrested or |
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| taken into custody before the applicant's 17th
birthday.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
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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 |
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| enforcement records maintained by law enforcement
agencies |
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| that relate to a minor who has been arrested or taken into |
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| custody
before his or her 17th birthday shall be restricted to |
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| 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 |
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| staff of the court
designated by the judge;
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| (b) Law enforcement officers, probation officers or |
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| prosecutors or their
staff , or, when necessary for the |
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| discharge of its official duties in connection with a |
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| particular investigation of the conduct of a law |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| enforcement officer, an independent agency or its staff |
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| created by ordinance and charged by a unit of local |
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| government with the duty of investigating the conduct of |
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| law enforcement officers ;
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| (c) The minor, the minor's parents or legal guardian |
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| and their attorneys,
but only when the juvenile has been |
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| 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 |
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| permission of the
judge of juvenile court and the chief |
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| executive of the agency that prepared the
particular |
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| recording: provided that publication of such research |
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| results in no
disclosure of a minor's identity and protects |
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| the confidentiality of the
record;
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| (g) Individuals responsible for supervising or |
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| providing temporary or
permanent care and custody of minors |
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| pursuant to orders of the juvenile court
or directives from |
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| officials of the Department of Children and Family
Services |
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| or the Department of Human Services who certify in writing |
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| that the
information will not be disclosed to any other |
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| party except as provided under
law or order of court;
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| (h) The appropriate school official. Inspection and |
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| copying
shall be limited to law enforcement records |
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| transmitted to the appropriate
school official by a local |
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| law enforcement agency under a reciprocal reporting
system |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| established and maintained between the school district and |
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| the local law
enforcement agency under Section 10-20.14 of |
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| the School Code concerning a minor
enrolled in a school |
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| within the school district who has been arrested
for any |
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| offense classified as a felony or a Class A or B |
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| misdemeanor.
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| (2) Information identifying victims and alleged victims of |
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| sex offenses,
shall not be disclosed or open to public |
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| inspection under any circumstances.
Nothing in this Section |
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| shall prohibit the victim or alleged victim of any sex
offense |
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| from voluntarily disclosing his or her identity.
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| (3) Relevant information, reports and records shall be made |
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| available to the
Department of Juvenile Justice when a juvenile |
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| offender has been placed in the
custody of the Department of |
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| Juvenile Justice.
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| (4) Nothing in this Section shall prohibit the inspection |
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| or disclosure to
victims and witnesses of photographs contained |
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| in the records of law
enforcement agencies when the inspection |
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| or disclosure is conducted in the
presence of a law enforcement |
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| officer for purposes of identification or
apprehension of any |
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| 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 |
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| independent agency created by ordinance and charged by a unit |
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| of local government with the duty of investigating the conduct |
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| of law enforcement officers, concerning all minors under
17 |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| years of age must be maintained separate from the records of |
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| adults and
may not be open to public inspection or their |
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| contents disclosed to the
public except by order of the court |
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| or when the institution of criminal
proceedings has been |
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| permitted under Section 5-130 or 5-805 or required
under |
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| Section
5-130 or 5-805 or such a person has been convicted of a |
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| crime and is the
subject of
pre-sentence investigation or when |
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| provided by law.
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| (6) Except as otherwise provided in this subsection (6), |
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| law enforcement
officers , and personnel of an independent |
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| agency created by ordinance and charged by a unit of local |
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| government with the duty of investigating the conduct of law |
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| enforcement officers, may not disclose the identity of any |
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| minor
in releasing information to the general public as to the |
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| arrest, investigation
or disposition of any case involving a |
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| minor.
Any victim or parent or legal guardian of a victim may |
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| petition the court to
disclose the name and address of the |
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| minor and the minor's parents or legal
guardian, or both. Upon |
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| a finding by clear and convincing evidence that the
disclosure |
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| is either necessary for the victim to pursue a civil remedy |
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| against
the minor or the minor's parents or legal guardian, or |
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| 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 |
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| information to the victim or to the parent or legal guardian
of |
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| the victim only for the purpose of the victim pursuing a civil |
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| remedy
against the minor or the minor's parents or legal |
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HB0682 Engrossed |
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LRB096 08718 RLC 18850 b |
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| guardian, or both, or to
protect the victim's person or |
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| property from the minor.
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| (7) Nothing contained in this Section shall prohibit law |
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| enforcement
agencies when acting in their official capacity |
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| from communicating with each
other by letter, memorandum, |
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| teletype or
intelligence alert bulletin or other means the |
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| identity or other relevant
information pertaining to a person |
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| under 17 years of age. The information
provided under this |
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| subsection (7) shall remain confidential and shall not
be |
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| publicly disclosed, except as otherwise allowed by law.
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| (8) No person shall disclose information under this Section |
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| except when
acting in his or her official capacity and as |
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| provided by law or order of
court.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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