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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Sections 2.15, 7, and 7.5 as follows: |
6 | | (5 ILCS 140/2.15)
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7 | | Sec. 2.15. Arrest reports and criminal history records. |
8 | | (a) Arrest reports. The following chronologically |
9 | | maintained arrest and criminal history information maintained |
10 | | by State or local criminal justice agencies shall be furnished |
11 | | as soon as practical, but in no event later than 72 hours after |
12 | | the arrest, notwithstanding the time limits otherwise provided |
13 | | for in Section 3 of this Act: (i) information that identifies |
14 | | the individual, including the name, age, address, and |
15 | | photograph, when and if available; (ii) information detailing |
16 | | any charges relating to the arrest; (iii) the time and location |
17 | | of the arrest; (iv) the name of the investigating or arresting |
18 | | law enforcement agency; (v) if the individual is incarcerated, |
19 | | the amount of any bail or bond; and (vi) if the individual is |
20 | | incarcerated, the time and date that the individual was |
21 | | received into, discharged from, or transferred from the |
22 | | arresting agency's custody. |
23 | | (b) Criminal history records. The following documents |
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1 | | maintained by a public body pertaining to
criminal history |
2 | | record information are public records subject to inspection and |
3 | | copying by the
public pursuant to this Act: (i) court records |
4 | | that are public; (ii) records that are otherwise
available |
5 | | under State or local law; and (iii) records in which the |
6 | | requesting party is the individual
identified, except as |
7 | | provided under Section 7(1)(d)(vi). |
8 | | (c) Information described in items (iii) through (vi) of |
9 | | subsection (a) may be withheld if it is
determined that |
10 | | disclosure would: (i) interfere with pending or actually and |
11 | | reasonably contemplated law enforcement proceedings conducted |
12 | | by any law enforcement agency; (ii) endanger the life or |
13 | | physical safety of law enforcement or correctional personnel or |
14 | | any other person; or (iii) compromise the security of any |
15 | | correctional facility. |
16 | | (d) The provisions of this Section do not supersede the |
17 | | confidentiality provisions for law enforcement or arrest |
18 | | records of the Juvenile Court Act of 1987.
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19 | | (Source: P.A. 96-542, eff. 1-1-10.) |
20 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
21 | | Sec. 7. Exemptions.
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22 | | (1) When a request is made to inspect or copy a public |
23 | | record that contains information that is exempt from disclosure |
24 | | under this Section, but also contains information that is not |
25 | | exempt from disclosure, the public body may elect to redact the |
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1 | | information that is exempt. The public body shall make the |
2 | | remaining information available for inspection and copying. |
3 | | Subject to this requirement, the following shall be exempt from |
4 | | inspection and copying:
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5 | | (a) Information specifically prohibited from |
6 | | disclosure by federal or
State law or rules and regulations |
7 | | implementing federal or State law.
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8 | | (b) Private information, unless disclosure is required |
9 | | by another provision of this Act, a State or federal law or |
10 | | a court order. |
11 | | (b-5) Files, documents, and other data or databases |
12 | | maintained by one or more law enforcement agencies and |
13 | | specifically designed to provide information to one or more |
14 | | law enforcement agencies regarding the physical or mental |
15 | | status of one or more individual subjects. |
16 | | (c) Personal information contained within public |
17 | | records, the disclosure of which would constitute a clearly
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18 | | unwarranted invasion of personal privacy, unless the |
19 | | disclosure is
consented to in writing by the individual |
20 | | subjects of the information. "Unwarranted invasion of |
21 | | personal privacy" means the disclosure of information that |
22 | | is highly personal or objectionable to a reasonable person |
23 | | and in which the subject's right to privacy outweighs any |
24 | | legitimate public interest in obtaining the information. |
25 | | The
disclosure of information that bears on the public |
26 | | duties of public
employees and officials shall not be |
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1 | | considered an invasion of personal
privacy.
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2 | | (d) Records in the possession of any public body |
3 | | created in the course of administrative enforcement
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4 | | proceedings, and any law enforcement or correctional |
5 | | agency for
law enforcement purposes,
but only to the extent |
6 | | that disclosure would:
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7 | | (i) interfere with pending or actually and |
8 | | reasonably contemplated
law enforcement proceedings |
9 | | conducted by any law enforcement or correctional
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10 | | agency that is the recipient of the request;
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11 | | (ii) interfere with active administrative |
12 | | enforcement proceedings
conducted by the public body |
13 | | that is the recipient of the request;
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14 | | (iii) create a substantial likelihood that a |
15 | | person will be deprived of a fair trial or an impartial |
16 | | hearing;
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17 | | (iv) unavoidably disclose the identity of a |
18 | | confidential source, confidential information |
19 | | furnished only by the confidential source, or persons |
20 | | who file complaints with or provide information to |
21 | | administrative, investigative, law enforcement, or |
22 | | penal agencies; except that the identities of |
23 | | witnesses to traffic accidents, traffic accident |
24 | | reports, and rescue reports shall be provided by |
25 | | agencies of local government, except when disclosure |
26 | | would interfere with an active criminal investigation |
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1 | | conducted by the agency that is the recipient of the |
2 | | request;
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3 | | (v) disclose unique or specialized investigative |
4 | | techniques other than
those generally used and known or |
5 | | disclose internal documents of
correctional agencies |
6 | | related to detection, observation or investigation of
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7 | | incidents of crime or misconduct, and disclosure would |
8 | | result in demonstrable harm to the agency or public |
9 | | body that is the recipient of the request;
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10 | | (vi) endanger the life or physical safety of law |
11 | | enforcement personnel
or any other person; or
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12 | | (vii) obstruct an ongoing criminal investigation |
13 | | by the agency that is the recipient of the request.
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14 | | (d-5) A law enforcement record created for law |
15 | | enforcement purposes and contained in a shared electronic |
16 | | record management system if the law enforcement agency that |
17 | | is the recipient of the request did not create the record, |
18 | | did not participate in or have a role in any of the events |
19 | | which are the subject of the record, and only has access to |
20 | | the record through the shared electronic record management |
21 | | system. |
22 | | (e) Records that relate to or affect the security of |
23 | | correctional
institutions and detention facilities.
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24 | | (e-5) Records requested by persons committed to the |
25 | | Department of Corrections if those materials are available |
26 | | in the library of the correctional facility where the |
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1 | | inmate is confined. |
2 | | (e-6) Records requested by persons committed to the |
3 | | Department of Corrections if those materials include |
4 | | records from staff members' personnel files, staff |
5 | | rosters, or other staffing assignment information. |
6 | | (e-7) Records requested by persons committed to the |
7 | | Department of Corrections if those materials are available |
8 | | through an administrative request to the Department of |
9 | | Corrections. |
10 | | (f) Preliminary drafts, notes, recommendations, |
11 | | memoranda and other
records in which opinions are |
12 | | expressed, or policies or actions are
formulated, except |
13 | | that a specific record or relevant portion of a
record |
14 | | shall not be exempt when the record is publicly cited
and |
15 | | identified by the head of the public body. The exemption |
16 | | provided in
this paragraph (f) extends to all those records |
17 | | of officers and agencies
of the General Assembly that |
18 | | pertain to the preparation of legislative
documents.
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19 | | (g) Trade secrets and commercial or financial |
20 | | information obtained from
a person or business where the |
21 | | trade secrets or commercial or financial information are |
22 | | furnished under a claim that they are
proprietary, |
23 | | privileged or confidential, and that disclosure of the |
24 | | trade
secrets or commercial or financial information would |
25 | | cause competitive harm to the person or business, and only |
26 | | insofar as the claim directly applies to the records |
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1 | | requested. |
2 | | The information included under this exemption includes |
3 | | all trade secrets and commercial or financial information |
4 | | obtained by a public body, including a public pension fund, |
5 | | from a private equity fund or a privately held company |
6 | | within the investment portfolio of a private equity fund as |
7 | | a result of either investing or evaluating a potential |
8 | | investment of public funds in a private equity fund. The |
9 | | exemption contained in this item does not apply to the |
10 | | aggregate financial performance information of a private |
11 | | equity fund, nor to the identity of the fund's managers or |
12 | | general partners. The exemption contained in this item does |
13 | | not apply to the identity of a privately held company |
14 | | within the investment portfolio of a private equity fund, |
15 | | unless the disclosure of the identity of a privately held |
16 | | company may cause competitive harm. |
17 | | Nothing contained in this
paragraph (g) shall be |
18 | | construed to prevent a person or business from
consenting |
19 | | to disclosure.
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20 | | (h) Proposals and bids for any contract, grant, or |
21 | | agreement, including
information which if it were |
22 | | disclosed would frustrate procurement or give
an advantage |
23 | | to any person proposing to enter into a contractor |
24 | | agreement
with the body, until an award or final selection |
25 | | is made. Information
prepared by or for the body in |
26 | | preparation of a bid solicitation shall be
exempt until an |
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1 | | award or final selection is made.
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2 | | (i) Valuable formulae,
computer geographic systems,
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3 | | designs, drawings and research data obtained or
produced by |
4 | | any public body when disclosure could reasonably be |
5 | | expected to
produce private gain or public loss.
The |
6 | | exemption for "computer geographic systems" provided in |
7 | | this paragraph
(i) does not extend to requests made by news |
8 | | media as defined in Section 2 of
this Act when the |
9 | | requested information is not otherwise exempt and the only
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10 | | purpose of the request is to access and disseminate |
11 | | information regarding the
health, safety, welfare, or |
12 | | legal rights of the general public.
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13 | | (j) The following information pertaining to |
14 | | educational matters: |
15 | | (i) test questions, scoring keys and other |
16 | | examination data used to
administer an academic |
17 | | examination;
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18 | | (ii) information received by a primary or |
19 | | secondary school, college, or university under its |
20 | | procedures for the evaluation of faculty members by |
21 | | their academic peers; |
22 | | (iii) information concerning a school or |
23 | | university's adjudication of student disciplinary |
24 | | cases, but only to the extent that disclosure would |
25 | | unavoidably reveal the identity of the student; and |
26 | | (iv) course materials or research materials used |
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1 | | by faculty members. |
2 | | (k) Architects' plans, engineers' technical |
3 | | submissions, and
other
construction related technical |
4 | | documents for
projects not constructed or developed in |
5 | | whole or in part with public funds
and the same for |
6 | | projects constructed or developed with public funds, |
7 | | including but not limited to power generating and |
8 | | distribution stations and other transmission and |
9 | | distribution facilities, water treatment facilities, |
10 | | airport facilities, sport stadiums, convention centers, |
11 | | and all government owned, operated, or occupied buildings, |
12 | | but
only to the extent
that disclosure would compromise |
13 | | security.
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14 | | (l) Minutes of meetings of public bodies closed to the
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15 | | public as provided in the Open Meetings Act until the |
16 | | public body
makes the minutes available to the public under |
17 | | Section 2.06 of the Open
Meetings Act.
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18 | | (m) Communications between a public body and an |
19 | | attorney or auditor
representing the public body that would |
20 | | not be subject to discovery in
litigation, and materials |
21 | | prepared or compiled by or for a public body in
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22 | | anticipation of a criminal, civil or administrative |
23 | | proceeding upon the
request of an attorney advising the |
24 | | public body, and materials prepared or
compiled with |
25 | | respect to internal audits of public bodies.
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26 | | (n) Records relating to a public body's adjudication of |
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1 | | employee grievances or disciplinary cases; however, this |
2 | | exemption shall not extend to the final outcome of cases in |
3 | | which discipline is imposed.
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4 | | (o) Administrative or technical information associated |
5 | | with automated
data processing operations, including but |
6 | | not limited to software,
operating protocols, computer |
7 | | program abstracts, file layouts, source
listings, object |
8 | | modules, load modules, user guides, documentation
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9 | | pertaining to all logical and physical design of |
10 | | computerized systems,
employee manuals, and any other |
11 | | information that, if disclosed, would
jeopardize the |
12 | | security of the system or its data or the security of
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13 | | materials exempt under this Section.
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14 | | (p) Records relating to collective negotiating matters
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15 | | between public bodies and their employees or |
16 | | representatives, except that
any final contract or |
17 | | agreement shall be subject to inspection and copying.
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18 | | (q) Test questions, scoring keys, and other |
19 | | examination data used to determine the qualifications of an |
20 | | applicant for a license or employment.
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21 | | (r) The records, documents, and information relating |
22 | | to real estate
purchase negotiations until those |
23 | | negotiations have been completed or
otherwise terminated. |
24 | | With regard to a parcel involved in a pending or
actually |
25 | | and reasonably contemplated eminent domain proceeding |
26 | | under the Eminent Domain Act, records, documents and
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1 | | information relating to that parcel shall be exempt except |
2 | | as may be
allowed under discovery rules adopted by the |
3 | | Illinois Supreme Court. The
records, documents and |
4 | | information relating to a real estate sale shall be
exempt |
5 | | until a sale is consummated.
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6 | | (s) Any and all proprietary information and records |
7 | | related to the
operation of an intergovernmental risk |
8 | | management association or
self-insurance pool or jointly |
9 | | self-administered health and accident
cooperative or pool.
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10 | | Insurance or self insurance (including any |
11 | | intergovernmental risk management association or self |
12 | | insurance pool) claims, loss or risk management |
13 | | information, records, data, advice or communications.
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14 | | (t) Information contained in or related to |
15 | | examination, operating, or
condition reports prepared by, |
16 | | on behalf of, or for the use of a public
body responsible |
17 | | for the regulation or supervision of financial
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18 | | institutions or insurance companies, unless disclosure is |
19 | | otherwise
required by State law.
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20 | | (u) Information that would disclose
or might lead to |
21 | | the disclosure of
secret or confidential information, |
22 | | codes, algorithms, programs, or private
keys intended to be |
23 | | used to create electronic or digital signatures under the
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24 | | Electronic Commerce Security Act.
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25 | | (v) Vulnerability assessments, security measures, and |
26 | | response policies
or plans that are designed to identify, |
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1 | | prevent, or respond to potential
attacks upon a community's |
2 | | population or systems, facilities, or installations,
the |
3 | | destruction or contamination of which would constitute a |
4 | | clear and present
danger to the health or safety of the |
5 | | community, but only to the extent that
disclosure could |
6 | | reasonably be expected to jeopardize the effectiveness of |
7 | | the
measures or the safety of the personnel who implement |
8 | | them or the public.
Information exempt under this item may |
9 | | include such things as details
pertaining to the |
10 | | mobilization or deployment of personnel or equipment, to |
11 | | the
operation of communication systems or protocols, or to |
12 | | tactical operations.
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13 | | (w) (Blank). |
14 | | (x) Maps and other records regarding the location or |
15 | | security of generation, transmission, distribution, |
16 | | storage, gathering,
treatment, or switching facilities |
17 | | owned by a utility, by a power generator, or by the |
18 | | Illinois Power Agency.
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19 | | (y) Information contained in or related to proposals, |
20 | | bids, or negotiations related to electric power |
21 | | procurement under Section 1-75 of the Illinois Power Agency |
22 | | Act and Section 16-111.5 of the Public Utilities Act that |
23 | | is determined to be confidential and proprietary by the |
24 | | Illinois Power Agency or by the Illinois Commerce |
25 | | Commission.
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26 | | (z) Information about students exempted from |
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1 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
2 | | School Code, and information about undergraduate students |
3 | | enrolled at an institution of higher education exempted |
4 | | from disclosure under Section 25 of the Illinois Credit |
5 | | Card Marketing Act of 2009. |
6 | | (aa) Information the disclosure of which is
exempted |
7 | | under the Viatical Settlements Act of 2009.
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8 | | (bb) Records and information provided to a mortality |
9 | | review team and records maintained by a mortality review |
10 | | team appointed under the Department of Juvenile Justice |
11 | | Mortality Review Team Act. |
12 | | (cc) Information regarding interments, entombments, or |
13 | | inurnments of human remains that are submitted to the |
14 | | Cemetery Oversight Database under the Cemetery Care Act or |
15 | | the Cemetery Oversight Act, whichever is applicable. |
16 | | (dd) Correspondence and records (i) that may not be |
17 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
18 | | that pertain to appeals under Section 11-8 of the Public |
19 | | Aid Code. |
20 | | (ee) The names, addresses, or other personal |
21 | | information of persons who are minors and are also |
22 | | participants and registrants in programs of park |
23 | | districts, forest preserve districts, conservation |
24 | | districts, recreation agencies, and special recreation |
25 | | associations. |
26 | | (ff) The names, addresses, or other personal |
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1 | | information of participants and registrants in programs of |
2 | | park districts, forest preserve districts, conservation |
3 | | districts, recreation agencies, and special recreation |
4 | | associations where such programs are targeted primarily to |
5 | | minors. |
6 | | (gg) Confidential information described in Section |
7 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. |
8 | | (hh) The report submitted to the State Board of |
9 | | Education by the School Security and Standards Task Force |
10 | | under item (8) of subsection (d) of Section 2-3.160 of the |
11 | | School Code and any information contained in that report. |
12 | | (ii) Records requested by persons committed to or |
13 | | detained by the Department of Human Services under the |
14 | | Sexually Violent Persons Commitment Act or committed to the |
15 | | Department of Corrections under the Sexually Dangerous |
16 | | Persons Act if those materials: (i) are available in the |
17 | | library of the facility where the individual is confined; |
18 | | (ii) include records from staff members' personnel files, |
19 | | staff rosters, or other staffing assignment information; |
20 | | or (iii) are available through an administrative request to |
21 | | the Department of Human Services or the Department of |
22 | | Corrections. |
23 | | (1.5) Any information exempt from disclosure under the |
24 | | Judicial Privacy Act shall be redacted from public records |
25 | | prior to disclosure under this Act. |
26 | | (2) A public record that is not in the possession of a |
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1 | | public body but is in the possession of a party with whom the |
2 | | agency has contracted to perform a governmental function on |
3 | | behalf of the public body, and that directly relates to the |
4 | | governmental function and is not otherwise exempt under this |
5 | | Act, shall be considered a public record of the public body, |
6 | | for purposes of this Act. |
7 | | (3) This Section does not authorize withholding of |
8 | | information or limit the
availability of records to the public, |
9 | | except as stated in this Section or
otherwise provided in this |
10 | | Act.
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11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; |
12 | | 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. |
13 | | 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, |
14 | | eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; |
15 | | 98-695, eff. 7-3-14.) |
16 | | (5 ILCS 140/7.5) |
17 | | Sec. 7.5. Statutory exemptions Exemptions . To the extent |
18 | | provided for by the statutes referenced below, the following |
19 | | shall be exempt from inspection and copying: |
20 | | (a) All information determined to be confidential |
21 | | under Section 4002 of the Technology Advancement and |
22 | | Development Act. |
23 | | (b) Library circulation and order records identifying |
24 | | library users with specific materials under the Library |
25 | | Records Confidentiality Act. |
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1 | | (c) Applications, related documents, and medical |
2 | | records received by the Experimental Organ Transplantation |
3 | | Procedures Board and any and all documents or other records |
4 | | prepared by the Experimental Organ Transplantation |
5 | | Procedures Board or its staff relating to applications it |
6 | | has received. |
7 | | (d) Information and records held by the Department of |
8 | | Public Health and its authorized representatives relating |
9 | | to known or suspected cases of sexually transmissible |
10 | | disease or any information the disclosure of which is |
11 | | restricted under the Illinois Sexually Transmissible |
12 | | Disease Control Act. |
13 | | (e) Information the disclosure of which is exempted |
14 | | under Section 30 of the Radon Industry Licensing Act. |
15 | | (f) Firm performance evaluations under Section 55 of |
16 | | the Architectural, Engineering, and Land Surveying |
17 | | Qualifications Based Selection Act. |
18 | | (g) Information the disclosure of which is restricted |
19 | | and exempted under Section 50 of the Illinois Prepaid |
20 | | Tuition Act. |
21 | | (h) Information the disclosure of which is exempted |
22 | | under the State Officials and Employees Ethics Act, and |
23 | | records of any lawfully created State or local inspector |
24 | | general's office that would be exempt if created or |
25 | | obtained by an Executive Inspector General's office under |
26 | | that Act. |
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1 | | (i) Information contained in a local emergency energy |
2 | | plan submitted to a municipality in accordance with a local |
3 | | emergency energy plan ordinance that is adopted under |
4 | | Section 11-21.5-5 of the Illinois Municipal Code. |
5 | | (j) Information and data concerning the distribution |
6 | | of surcharge moneys collected and remitted by wireless |
7 | | carriers under the Wireless Emergency Telephone Safety |
8 | | Act. |
9 | | (k) Law enforcement officer identification information |
10 | | or driver identification information compiled by a law |
11 | | enforcement agency or the Department of Transportation |
12 | | under Section 11-212 of the Illinois Vehicle Code. |
13 | | (l) Records and information provided to a residential |
14 | | health care facility resident sexual assault and death |
15 | | review team or the Executive Council under the Abuse |
16 | | Prevention Review Team Act. |
17 | | (m) Information provided to the predatory lending |
18 | | database created pursuant to Article 3 of the Residential |
19 | | Real Property Disclosure Act, except to the extent |
20 | | authorized under that Article. |
21 | | (n) Defense budgets and petitions for certification of |
22 | | compensation and expenses for court appointed trial |
23 | | counsel as provided under Sections 10 and 15 of the Capital |
24 | | Crimes Litigation Act. This subsection (n) shall apply |
25 | | until the conclusion of the trial of the case, even if the |
26 | | prosecution chooses not to pursue the death penalty prior |
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1 | | to trial or sentencing. |
2 | | (o) Information that is prohibited from being |
3 | | disclosed under Section 4 of the Illinois Health and |
4 | | Hazardous Substances Registry Act. |
5 | | (p) Security portions of system safety program plans, |
6 | | investigation reports, surveys, schedules, lists, data, or |
7 | | information compiled, collected, or prepared by or for the |
8 | | Regional Transportation Authority under Section 2.11 of |
9 | | the Regional Transportation Authority Act or the St. Clair |
10 | | County Transit District under the Bi-State Transit Safety |
11 | | Act. |
12 | | (q) Information prohibited from being disclosed by the |
13 | | Personnel Records Review Act. |
14 | | (r) Information prohibited from being disclosed by the |
15 | | Illinois School Student Records Act. |
16 | | (s) Information the disclosure of which is restricted |
17 | | under Section 5-108 of the Public Utilities Act.
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18 | | (t) All identified or deidentified health information |
19 | | in the form of health data or medical records contained in, |
20 | | stored in, submitted to, transferred by, or released from |
21 | | the Illinois Health Information Exchange, and identified |
22 | | or deidentified health information in the form of health |
23 | | data and medical records of the Illinois Health Information |
24 | | Exchange in the possession of the Illinois Health |
25 | | Information Exchange Authority due to its administration |
26 | | of the Illinois Health Information Exchange. The terms |
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1 | | "identified" and "deidentified" shall be given the same |
2 | | meaning as in the Health Insurance Accountability and |
3 | | Portability Act of 1996, Public Law 104-191, or any |
4 | | subsequent amendments thereto, and any regulations |
5 | | promulgated thereunder. |
6 | | (u) Records and information provided to an independent |
7 | | team of experts under Brian's Law. |
8 | | (v) Names and information of people who have applied |
9 | | for or received Firearm Owner's Identification Cards under |
10 | | the Firearm Owners Identification Card Act or applied for |
11 | | or received a concealed carry license under the Firearm |
12 | | Concealed Carry Act, unless otherwise authorized by the |
13 | | Firearm Concealed Carry Act; and databases under the |
14 | | Firearm Concealed Carry Act, records of the Concealed Carry |
15 | | Licensing Review Board under the Firearm Concealed Carry |
16 | | Act, and law enforcement agency objections under the |
17 | | Firearm Concealed Carry Act. |
18 | | (w) Personally identifiable information which is |
19 | | exempted from disclosure under subsection (g) of Section |
20 | | 19.1 of the Toll Highway Act. |
21 | | (x) Information which is exempted from disclosure |
22 | | under Section 5-1014.3 of the Counties Code or Section |
23 | | 8-11-21 of the Illinois Municipal Code. |
24 | | (y) Confidential information under the Adult |
25 | | Protective Services Act and its predecessor enabling |
26 | | statute, the Elder Abuse and Neglect Act, including |
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1 | | information about the identity and administrative finding |
2 | | against any caregiver of a verified and substantiated |
3 | | decision of abuse, neglect, or financial exploitation of an |
4 | | eligible adult maintained in the Registry established |
5 | | under Section 7.5 of the Adult Protective Services Act . |
6 | | (z) Records and information provided to a fatality |
7 | | review team or the Illinois Fatality Review Team Advisory |
8 | | Council under Section 15 of the Adult Protective Services |
9 | | Act. |
10 | | (aa) Information which is exempted from disclosure |
11 | | under Section 2.37 of the Wildlife Code. |
12 | | (bb) Information which is or was prohibited from |
13 | | disclosure by the Juvenile Court Act of 1987. |
14 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, |
15 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
16 | | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, |
17 | | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.) |
18 | | Section 10. The Juvenile Court Act of 1987 is amended by |
19 | | changing Sections 1-7 and 5-905 as follows:
|
20 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
|
21 | | Sec. 1-7. Confidentiality of law enforcement records.
|
22 | | (A) Inspection and copying of law enforcement records |
23 | | maintained by law
enforcement agencies that relate to a minor |
24 | | who has been investigated, arrested , or taken
into custody |
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1 | | before his or her 18th birthday shall be restricted to the
|
2 | | following:
|
3 | | (1) Any local, State or federal law enforcement |
4 | | officers of any
jurisdiction or agency when necessary for |
5 | | the discharge of their official
duties during the |
6 | | investigation or prosecution of a crime or relating to a
|
7 | | minor who has been adjudicated delinquent and there has |
8 | | been a previous finding
that the act which constitutes the |
9 | | previous offense was committed in
furtherance of criminal |
10 | | activities by a criminal street gang, or, when necessary |
11 | | for the discharge of its official duties in connection with |
12 | | a particular investigation of the conduct of a law |
13 | | enforcement officer, an independent agency or its staff |
14 | | created by ordinance and charged by a unit of local |
15 | | government with the duty of investigating the conduct of |
16 | | law enforcement officers. For purposes of
this Section, |
17 | | "criminal street gang" has the meaning ascribed to it in
|
18 | | Section 10 of the Illinois Streetgang Terrorism Omnibus |
19 | | Prevention Act.
|
20 | | (2) Prosecutors, probation officers, social workers, |
21 | | or other
individuals assigned by the court to conduct a |
22 | | pre-adjudication or
pre-disposition investigation, and |
23 | | individuals responsible for supervising
or providing |
24 | | temporary or permanent care and custody for minors pursuant |
25 | | to
the order of the juvenile court, when essential to |
26 | | performing their
responsibilities.
|
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1 | | (3) Prosecutors and probation officers:
|
2 | | (a) in the course of a trial when institution of |
3 | | criminal proceedings
has been permitted or required |
4 | | under Section 5-805; or
|
5 | | (b) when institution of criminal proceedings has |
6 | | been permitted or required under Section 5-805 and such |
7 | | minor is the
subject
of a proceeding to determine the |
8 | | amount of bail; or
|
9 | | (c) when criminal proceedings have been permitted
|
10 | | or
required under Section 5-805 and such minor is the |
11 | | subject of a
pre-trial
investigation, pre-sentence |
12 | | investigation, fitness hearing, or proceedings
on an |
13 | | application for probation.
|
14 | | (4) Adult and Juvenile Prisoner Review Board.
|
15 | | (5) Authorized military personnel.
|
16 | | (6) Persons engaged in bona fide research, with the |
17 | | permission of the
Presiding Judge of the Juvenile Court and |
18 | | the chief executive of the respective
law enforcement |
19 | | agency; provided that publication of such research results
|
20 | | in no disclosure of a minor's identity and protects the |
21 | | confidentiality
of the minor's record.
|
22 | | (7) Department of Children and Family Services child |
23 | | protection
investigators acting in their official |
24 | | capacity.
|
25 | | (8) The appropriate school official only if the agency |
26 | | or officer believes that there is an imminent threat of |
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1 | | physical harm to students, school personnel, or others who |
2 | | are present in the school or on school grounds. |
3 | | (A) Inspection and copying
shall be limited to law |
4 | | enforcement records transmitted to the appropriate
|
5 | | school official or officials whom the school has |
6 | | determined to have a legitimate educational or safety |
7 | | interest by a local law enforcement agency under a |
8 | | reciprocal reporting
system established and maintained |
9 | | between the school district and the local law
|
10 | | enforcement agency under Section 10-20.14 of the |
11 | | School Code concerning a minor
enrolled in a school |
12 | | within the school district who has been arrested or |
13 | | taken
into custody for any of the following offenses:
|
14 | | (i) any violation of Article 24 of the Criminal |
15 | | Code of
1961 or the Criminal Code of 2012;
|
16 | | (ii) a violation of the Illinois Controlled |
17 | | Substances Act;
|
18 | | (iii) a violation of the Cannabis Control Act;
|
19 | | (iv) a forcible felony as defined in Section |
20 | | 2-8 of the Criminal Code
of 1961 or the Criminal |
21 | | Code of 2012; |
22 | | (v) a violation of the Methamphetamine Control |
23 | | and Community Protection Act;
|
24 | | (vi) a violation of Section 1-2 of the |
25 | | Harassing and Obscene Communications Act; |
26 | | (vii) a violation of the Hazing Act; or |
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1 | | (viii) a violation of Section 12-1, 12-2, |
2 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
3 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
4 | | Criminal Code of 1961 or the Criminal Code of 2012. |
5 | | The information derived from the law enforcement |
6 | | records shall be kept separate from and shall not |
7 | | become a part of the official school record of that |
8 | | child and shall not be a public record. The information |
9 | | shall be used solely by the appropriate school official |
10 | | or officials whom the school has determined to have a |
11 | | legitimate educational or safety interest to aid in the |
12 | | proper rehabilitation of the child and to protect the |
13 | | safety of students and employees in the school. If the |
14 | | designated law enforcement and school officials deem |
15 | | it to be in the best interest of the minor, the student |
16 | | may be referred to in-school or community based social |
17 | | services if those services are available. |
18 | | "Rehabilitation services" may include interventions by |
19 | | school support personnel, evaluation for eligibility |
20 | | for special education, referrals to community-based |
21 | | agencies such as youth services, behavioral healthcare |
22 | | service providers, drug and alcohol prevention or |
23 | | treatment programs, and other interventions as deemed |
24 | | appropriate for the student. |
25 | | (B) Any information provided to appropriate school |
26 | | officials whom the school has determined to have a |
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1 | | legitimate educational or safety interest by local law |
2 | | enforcement officials about a minor who is the subject |
3 | | of a current police investigation that is directly |
4 | | related to school safety shall consist of oral |
5 | | information only, and not written law enforcement |
6 | | records, and shall be used solely by the appropriate |
7 | | school official or officials to protect the safety of |
8 | | students and employees in the school and aid in the |
9 | | proper rehabilitation of the child. The information |
10 | | derived orally from the local law enforcement |
11 | | officials shall be kept separate from and shall not |
12 | | become a part of the official school record of the |
13 | | child and shall not be a public record. This limitation |
14 | | on the use of information about a minor who is the |
15 | | subject of a current police investigation shall in no |
16 | | way limit the use of this information by prosecutors in |
17 | | pursuing criminal charges arising out of the |
18 | | information disclosed during a police investigation of |
19 | | the minor. For purposes of this paragraph, |
20 | | "investigation" means an official systematic inquiry |
21 | | by a law enforcement agency into actual or suspected |
22 | | criminal activity.
|
23 | | (9) Mental health professionals on behalf of the |
24 | | Illinois Department of
Corrections or the Department of |
25 | | Human Services or prosecutors who are
evaluating, |
26 | | prosecuting, or investigating a potential or actual |
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1 | | petition
brought
under the Sexually Violent Persons |
2 | | Commitment Act relating to a person who is
the
subject of |
3 | | juvenile law enforcement records or the respondent to a |
4 | | petition
brought under the Sexually Violent Persons |
5 | | Commitment Act who is the subject of
the
juvenile law |
6 | | enforcement records sought.
Any records and any |
7 | | information obtained from those records under this
|
8 | | paragraph (9) may be used only in sexually violent persons |
9 | | commitment
proceedings.
|
10 | | (10) The president of a park district. Inspection and |
11 | | copying shall be limited to law enforcement records |
12 | | transmitted to the president of the park district by the |
13 | | Illinois State Police under Section 8-23 of the Park |
14 | | District Code or Section 16a-5 of the Chicago Park District |
15 | | Act concerning a person who is seeking employment with that |
16 | | park district and who has been adjudicated a juvenile |
17 | | delinquent for any of the offenses listed in subsection (c) |
18 | | of Section 8-23 of the Park District Code or subsection (c) |
19 | | of Section 16a-5 of the Chicago Park District Act.
|
20 | | (B)(1) Except as provided in paragraph (2), no law |
21 | | enforcement
officer or other person or agency may knowingly |
22 | | transmit to the Department of
Corrections or the Department |
23 | | of State Police or to the Federal
Bureau of Investigation |
24 | | any fingerprint or photograph relating to a minor who
has |
25 | | been arrested or taken into custody before his or her 18th |
26 | | birthday,
unless the court in proceedings under this Act |
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1 | | authorizes the transmission or
enters an order under |
2 | | Section 5-805 permitting or requiring the
institution of
|
3 | | criminal proceedings.
|
4 | | (2) Law enforcement officers or other persons or |
5 | | agencies shall transmit
to the Department of State Police |
6 | | copies of fingerprints and descriptions
of all minors who |
7 | | have been arrested or taken into custody before their
18th |
8 | | birthday for the offense of unlawful use of weapons under |
9 | | Article 24 of
the Criminal Code of 1961 or the Criminal |
10 | | Code of 2012, a Class X or Class 1 felony, a forcible |
11 | | felony as
defined in Section 2-8 of the Criminal Code of |
12 | | 1961 or the Criminal Code of 2012, or a Class 2 or greater
|
13 | | felony under the Cannabis Control Act, the Illinois |
14 | | Controlled Substances Act, the Methamphetamine Control and |
15 | | Community Protection Act,
or Chapter 4 of the Illinois |
16 | | Vehicle Code, pursuant to Section 5 of the
Criminal |
17 | | Identification Act. Information reported to the Department |
18 | | pursuant
to this Section may be maintained with records |
19 | | that the Department files
pursuant to Section 2.1 of the |
20 | | Criminal Identification Act. Nothing in this
Act prohibits |
21 | | a law enforcement agency from fingerprinting a minor taken |
22 | | into
custody or arrested before his or her 18th birthday |
23 | | for an offense other than
those listed in this paragraph |
24 | | (2).
|
25 | | (C) The records of law enforcement officers, or of an |
26 | | independent agency created by ordinance and charged by a unit |
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1 | | of local government with the duty of investigating the conduct |
2 | | of law enforcement officers, concerning all minors under
18 |
3 | | years of age must be maintained separate from the records of |
4 | | arrests and
may not be open to public inspection or their |
5 | | contents disclosed to the
public except by order of the court |
6 | | presiding over matters pursuant to this Act or when the |
7 | | institution of criminal
proceedings has been permitted or |
8 | | required under Section
5-805 or such a person has been |
9 | | convicted of a crime and is the
subject of
pre-sentence |
10 | | investigation or proceedings on an application for probation
or |
11 | | when provided by law. For purposes of obtaining documents |
12 | | pursuant to this Section, a civil subpoena is not an order of |
13 | | the court. |
14 | | (1) In cases where the law enforcement, or independent |
15 | | agency, records concern a pending juvenile court case, the |
16 | | party seeking to inspect the records shall provide actual |
17 | | notice to the attorney or guardian ad litem of the minor |
18 | | whose records are sought. |
19 | | (2) In cases where the records concern a juvenile court |
20 | | case that is no longer pending, the party seeking to |
21 | | inspect the records shall provide actual notice to the |
22 | | minor or the minor's parent or legal guardian, and the |
23 | | matter shall be referred to the chief judge presiding over |
24 | | matters pursuant to this Act. |
25 | | (3) In determining whether the records should be |
26 | | available for inspection, the court shall consider the |
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1 | | minor's interest in confidentiality and rehabilitation |
2 | | over the moving party's interest in obtaining the |
3 | | information. Any records obtained in violation of this |
4 | | subsection (C) shall not be admissible in any criminal or |
5 | | civil proceeding, or operate to disqualify a minor from |
6 | | subsequently holding public office or securing employment, |
7 | | or operate as a forfeiture of any public benefit, right, |
8 | | privilege, or right to receive any license granted by |
9 | | public authority.
|
10 | | (D) Nothing contained in subsection (C) of this Section |
11 | | shall prohibit
the inspection or disclosure to victims and |
12 | | witnesses of photographs
contained in the records of law |
13 | | enforcement agencies when the
inspection and disclosure is |
14 | | conducted in the presence of a law enforcement
officer for the |
15 | | purpose of the identification or apprehension of any person
|
16 | | subject to the provisions of this Act or for the investigation |
17 | | or
prosecution of any crime.
|
18 | | (E) Law enforcement officers, and personnel of an |
19 | | independent agency created by ordinance and charged by a unit |
20 | | of local government with the duty of investigating the conduct |
21 | | of law enforcement officers, may not disclose the identity of |
22 | | any minor
in releasing information to the general public as to |
23 | | the arrest, investigation
or disposition of any case involving |
24 | | a minor.
|
25 | | (F) Nothing contained in this Section shall prohibit law |
26 | | enforcement
agencies from communicating with each other by |
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1 | | letter, memorandum, teletype or
intelligence alert bulletin or |
2 | | other means the identity or other relevant
information |
3 | | pertaining to a person under 18 years of age if there are
|
4 | | reasonable grounds to believe that the person poses a real and |
5 | | present danger
to the safety of the public or law enforcement |
6 | | officers. The information
provided under this subsection (F) |
7 | | shall remain confidential and shall not
be publicly disclosed, |
8 | | except as otherwise allowed by law.
|
9 | | (G) Nothing in this Section shall prohibit the right of a |
10 | | Civil Service
Commission or appointing authority of any state, |
11 | | county or municipality
examining the character and fitness of |
12 | | an applicant for employment with a law
enforcement agency, |
13 | | correctional institution, or fire department
from obtaining |
14 | | and examining the
records of any law enforcement agency |
15 | | relating to any record of the applicant
having been arrested or |
16 | | taken into custody before the applicant's 18th
birthday.
|
17 | | (H) The changes made to this Section by Public Act 98-61 |
18 | | apply to law enforcement records of a minor who has been |
19 | | arrested or taken into custody on or after January 1, 2014 (the |
20 | | effective date of Public Act 98-61). |
21 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; |
22 | | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. |
23 | | 1-1-14; 98-756, eff. 7-16-14.)
|
24 | | (705 ILCS 405/5-905)
|
25 | | Sec. 5-905. Law enforcement records.
|
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1 | | (1) Law Enforcement Records.
Inspection and copying of law |
2 | | enforcement records maintained by law enforcement
agencies |
3 | | that relate to a minor who has been investigated, arrested , or |
4 | | taken into custody
before his or her 18th birthday shall be |
5 | | restricted to the following and when
necessary for the |
6 | | discharge of their official duties:
|
7 | | (a) A judge of the circuit court and members of the |
8 | | staff of the court
designated by the judge;
|
9 | | (b) Law enforcement officers, probation officers or |
10 | | prosecutors or their
staff, or, when necessary for the |
11 | | discharge of its official duties in connection with a |
12 | | particular investigation of the conduct of a law |
13 | | enforcement officer, an independent agency or its staff |
14 | | created by ordinance and charged by a unit of local |
15 | | government with the duty of investigating the conduct of |
16 | | law enforcement officers;
|
17 | | (c) The minor, the minor's parents or legal guardian |
18 | | and their attorneys,
but only when the juvenile has been |
19 | | charged with an offense;
|
20 | | (d) Adult and Juvenile Prisoner Review Boards;
|
21 | | (e) Authorized military personnel;
|
22 | | (f) Persons engaged in bona fide research, with the |
23 | | permission of the
judge of juvenile court and the chief |
24 | | executive of the agency that prepared the
particular |
25 | | recording: provided that publication of such research |
26 | | results in no
disclosure of a minor's identity and protects |
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1 | | the confidentiality of the
record;
|
2 | | (g) Individuals responsible for supervising or |
3 | | providing temporary or
permanent care and custody of minors |
4 | | pursuant to orders of the juvenile court
or directives from |
5 | | officials of the Department of Children and Family
Services |
6 | | or the Department of Human Services who certify in writing |
7 | | that the
information will not be disclosed to any other |
8 | | party except as provided under
law or order of court;
|
9 | | (h) The appropriate school official only if the agency |
10 | | or officer believes that there is an imminent threat of |
11 | | physical harm to students, school personnel, or others who |
12 | | are present in the school or on school grounds. |
13 | | (A) Inspection and copying
shall be limited to law |
14 | | enforcement records transmitted to the appropriate
|
15 | | school official or officials whom the school has |
16 | | determined to have a legitimate educational or safety |
17 | | interest by a local law enforcement agency under a |
18 | | reciprocal reporting
system established and maintained |
19 | | between the school district and the local law
|
20 | | enforcement agency under Section 10-20.14 of the |
21 | | School Code concerning a minor
enrolled in a school |
22 | | within the school district who has been arrested
or |
23 | | taken into custody for any of the following offenses: |
24 | | (i) any violation of Article 24 of the Criminal |
25 | | Code of
1961 or the Criminal Code of 2012; |
26 | | (ii) a violation of the Illinois Controlled |
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1 | | Substances Act; |
2 | | (iii) a violation of the Cannabis Control Act; |
3 | | (iv) a forcible felony as defined in Section |
4 | | 2-8 of the Criminal Code
of 1961 or the Criminal |
5 | | Code of 2012; |
6 | | (v) a violation of the Methamphetamine Control |
7 | | and Community Protection Act; |
8 | | (vi) a violation of Section 1-2 of the |
9 | | Harassing and Obscene Communications Act; |
10 | | (vii) a violation of the Hazing Act; or |
11 | | (viii) a violation of Section 12-1, 12-2, |
12 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
13 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012. |
15 | | The information derived from the law enforcement |
16 | | records shall be kept separate from and shall not |
17 | | become a part of the official school record of that |
18 | | child and shall not be a public record. The information |
19 | | shall be used solely by the appropriate school official |
20 | | or officials whom the school has determined to have a |
21 | | legitimate educational or safety interest to aid in the |
22 | | proper rehabilitation of the child and to protect the |
23 | | safety of students and employees in the school. If the |
24 | | designated law enforcement and school officials deem |
25 | | it to be in the best interest of the minor, the student |
26 | | may be referred to in-school or community based social |
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|
|
1 | | services if those services are available. |
2 | | "Rehabilitation services" may include interventions by |
3 | | school support personnel, evaluation for eligibility |
4 | | for special education, referrals to community-based |
5 | | agencies such as youth services, behavioral healthcare |
6 | | service providers, drug and alcohol prevention or |
7 | | treatment programs, and other interventions as deemed |
8 | | appropriate for the student. |
9 | | (B) Any information provided to appropriate school |
10 | | officials whom the school has determined to have a |
11 | | legitimate educational or safety interest by local law |
12 | | enforcement officials about a minor who is the subject |
13 | | of a current police investigation that is directly |
14 | | related to school safety shall consist of oral |
15 | | information only, and not written law enforcement |
16 | | records, and shall be used solely by the appropriate |
17 | | school official or officials to protect the safety of |
18 | | students and employees in the school and aid in the |
19 | | proper rehabilitation of the child. The information |
20 | | derived orally from the local law enforcement |
21 | | officials shall be kept separate from and shall not |
22 | | become a part of the official school record of the |
23 | | child and shall not be a public record. This limitation |
24 | | on the use of information about a minor who is the |
25 | | subject of a current police investigation shall in no |
26 | | way limit the use of this information by prosecutors in |
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|
1 | | pursuing criminal charges arising out of the |
2 | | information disclosed during a police investigation of |
3 | | the minor. For purposes of this paragraph, |
4 | | "investigation" means an official systematic inquiry |
5 | | by a law enforcement agency into actual or suspected |
6 | | criminal activity;
|
7 | | (i) The president of a park district. Inspection and |
8 | | copying shall be limited to law enforcement records |
9 | | transmitted to the president of the park district by the |
10 | | Illinois State Police under Section 8-23 of the Park |
11 | | District Code or Section 16a-5 of the Chicago Park District |
12 | | Act concerning a person who is seeking employment with that |
13 | | park district and who has been adjudicated a juvenile |
14 | | delinquent for any of the offenses listed in subsection (c) |
15 | | of Section 8-23 of the Park District Code or subsection (c) |
16 | | of Section 16a-5 of the Chicago Park District Act. |
17 | | (2) Information identifying victims and alleged victims of |
18 | | sex offenses,
shall not be disclosed or open to public |
19 | | inspection under any circumstances.
Nothing in this Section |
20 | | shall prohibit the victim or alleged victim of any sex
offense |
21 | | from voluntarily disclosing his or her identity.
|
22 | | (2.5) If the minor is a victim of aggravated battery, |
23 | | battery, attempted first degree murder, or other non-sexual |
24 | | violent offense, the identity of the victim may be disclosed to |
25 | | appropriate school officials, for the purpose of preventing |
26 | | foreseeable future violence involving minors, by a local law |
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1 | | enforcement agency pursuant to an agreement established |
2 | | between the school district and a local law enforcement agency |
3 | | subject to the approval by the presiding judge of the juvenile |
4 | | court. |
5 | | (3) Relevant information, reports and records shall be made |
6 | | available to the
Department of Juvenile Justice when a juvenile |
7 | | offender has been placed in the
custody of the Department of |
8 | | Juvenile Justice.
|
9 | | (4) Nothing in this Section shall prohibit the inspection |
10 | | or disclosure to
victims and witnesses of photographs contained |
11 | | in the records of law
enforcement agencies when the inspection |
12 | | or disclosure is conducted in the
presence of a law enforcement |
13 | | officer for purposes of identification or
apprehension of any |
14 | | person in the course of any criminal investigation or
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15 | | prosecution.
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16 | | (5) The records of law enforcement officers, or of an |
17 | | independent agency created by ordinance and charged by a unit |
18 | | of local government with the duty of investigating the conduct |
19 | | of law enforcement officers, concerning all minors under
18 |
20 | | years of age must be maintained separate from the records of |
21 | | adults and
may not be open to public inspection or their |
22 | | contents disclosed to the
public except by order of the court |
23 | | or when the institution of criminal
proceedings has been |
24 | | permitted under Section 5-130 or 5-805 or required
under |
25 | | Section
5-130 or 5-805 or such a person has been convicted of a |
26 | | crime and is the
subject of
pre-sentence investigation or when |
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1 | | provided by law.
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2 | | (6) Except as otherwise provided in this subsection (6), |
3 | | law enforcement
officers, and personnel of an independent |
4 | | agency created by ordinance and charged by a unit of local |
5 | | government with the duty of investigating the conduct of law |
6 | | enforcement officers, may not disclose the identity of any |
7 | | minor
in releasing information to the general public as to the |
8 | | arrest, investigation
or disposition of any case involving a |
9 | | minor.
Any victim or parent or legal guardian of a victim may |
10 | | petition the court to
disclose the name and address of the |
11 | | minor and the minor's parents or legal
guardian, or both. Upon |
12 | | a finding by clear and convincing evidence that the
disclosure |
13 | | is either necessary for the victim to pursue a civil remedy |
14 | | against
the minor or the minor's parents or legal guardian, or |
15 | | both, or to protect the
victim's person or property from the |
16 | | minor, then the court may order the
disclosure of the |
17 | | information to the victim or to the parent or legal guardian
of |
18 | | the victim only for the purpose of the victim pursuing a civil |
19 | | remedy
against the minor or the minor's parents or legal |
20 | | guardian, or both, or to
protect the victim's person or |
21 | | property from the minor.
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22 | | (7) Nothing contained in this Section shall prohibit law |
23 | | enforcement
agencies when acting in their official capacity |
24 | | from communicating with each
other by letter, memorandum, |
25 | | teletype or
intelligence alert bulletin or other means the |
26 | | identity or other relevant
information pertaining to a person |
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1 | | under 18 years of age. The information
provided under this |
2 | | subsection (7) shall remain confidential and shall not
be |
3 | | publicly disclosed, except as otherwise allowed by law.
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4 | | (8) No person shall disclose information under this Section |
5 | | except when
acting in his or her official capacity and as |
6 | | provided by law or order of
court.
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7 | | (9) The changes made to this Section by Public Act 98-61 |
8 | | apply to law enforcement records of a minor who has been |
9 | | arrested or taken into custody on or after January 1, 2014 (the |
10 | | effective date of Public Act 98-61). |
11 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; |
12 | | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff. |
13 | | 7-16-14.)
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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