Rep. Elaine Nekritz

Filed: 4/9/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3303

2    AMENDMENT NO. ______. Amend House Bill 3303 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Sections 2 and 2.15 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not

 

 

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1include a child death review team or the Illinois Child Death
2Review Teams Executive Council established under the Child
3Death Review Team Act, or a regional youth advisory board or
4the Statewide Youth Advisory Board established under the
5Department of Children and Family Services Statewide Youth
6Advisory Board Act.
7    (b) "Person" means any individual, corporation,
8partnership, firm, organization or association, acting
9individually or as a group.
10    (c) "Public records" means all records, reports, forms,
11writings, letters, memoranda, books, papers, maps,
12photographs, microfilms, cards, tapes, recordings, electronic
13data processing records, electronic communications, recorded
14information and all other documentary materials pertaining to
15the transaction of public business, regardless of physical form
16or characteristics, having been prepared by or for, or having
17been or being used by, received by, in the possession of, or
18under the control of any public body. "Public records" do not
19include documentary materials whose disclosure is regulated
20under the Juvenile Court Act of 1987.
21    (c-5) "Private information" means unique identifiers,
22including a person's social security number, driver's license
23number, employee identification number, biometric identifiers,
24personal financial information, passwords or other access
25codes, medical records, home or personal telephone numbers, and
26personal email addresses. Private information also includes

 

 

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1home address and personal license plates, except as otherwise
2provided by law or when compiled without possibility of
3attribution to any person.
4    (c-10) "Commercial purpose" means the use of any part of a
5public record or records, or information derived from public
6records, in any form for sale, resale, or solicitation or
7advertisement for sales or services. For purposes of this
8definition, requests made by news media and non-profit,
9scientific, or academic organizations shall not be considered
10to be made for a "commercial purpose" when the principal
11purpose of the request is (i) to access and disseminate
12information concerning news and current or passing events, (ii)
13for articles of opinion or features of interest to the public,
14or (iii) for the purpose of academic, scientific, or public
15research or education.
16    (d) "Copying" means the reproduction of any public record
17by means of any photographic, electronic, mechanical or other
18process, device or means now known or hereafter developed and
19available to the public body.
20    (e) "Head of the public body" means the president, mayor,
21chairman, presiding officer, director, superintendent,
22manager, supervisor or individual otherwise holding primary
23executive and administrative authority for the public body, or
24such person's duly authorized designee.
25    (f) "News media" means a newspaper or other periodical
26issued at regular intervals whether in print or electronic

 

 

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1format, a news service whether in print or electronic format, a
2radio station, a television station, a television network, a
3community antenna television service, or a person or
4corporation engaged in making news reels or other motion
5picture news for public showing.
6    (g) "Recurrent requester", as used in Section 3.2 of this
7Act, means a person that, in the 12 months immediately
8preceding the request, has submitted to the same public body
9(i) a minimum of 50 requests for records, (ii) a minimum of 15
10requests for records within a 30-day period, or (iii) a minimum
11of 7 requests for records within a 7-day period. For purposes
12of this definition, requests made by news media and non-profit,
13scientific, or academic organizations shall not be considered
14in calculating the number of requests made in the time periods
15in this definition when the principal purpose of the requests
16is (i) to access and disseminate information concerning news
17and current or passing events, (ii) for articles of opinion or
18features of interest to the public, or (iii) for the purpose of
19academic, scientific, or public research or education.
20    For the purposes of this subsection (g), "request" means a
21written document (or oral request, if the public body chooses
22to honor oral requests) that is submitted to a public body via
23personal delivery, mail, telefax, electronic mail, or other
24means available to the public body and that identifies the
25particular public record the requester seeks. One request may
26identify multiple records to be inspected or copied.

 

 

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1    (h) "Voluminous request" means a request that: (i) includes
2more than 5 individual requests for more than 5 different
3categories of records or a combination of individual requests
4that total requests for more than 5 different categories of
5records in a period of 20 business days; or (ii) requires the
6compilation of more than 500 letter or legal-sized pages of
7public records unless a single requested record exceeds 500
8pages. "Single requested record" may include, but is not
9limited to, one report, form, e-mail, letter, memorandum, book,
10map, microfilm, tape, or recording.
11    "Voluminous request" does not include a request made by
12news media and non-profit, scientific, or academic
13organizations if the principal purpose of the request is: (1)
14to access and disseminate information concerning news and
15current or passing events; (2) for articles of opinion or
16features of interest to the public; or (3) for the purpose of
17academic, scientific, or public research or education.
18    For the purposes of this subsection (h), "request" means a
19written document, or oral request, if the public body chooses
20to honor oral requests, that is submitted to a public body via
21personal delivery, mail, telefax, electronic mail, or other
22means available to the public body and that identifies the
23particular public record or records the requester seeks. One
24request may identify multiple individual records to be
25inspected or copied.
26(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;

 

 

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198-1129, eff. 12-3-14; revised 12-19-14.)
 
2    (5 ILCS 140/2.15)
3    Sec. 2.15. Arrest reports and criminal history records.
4    (a) Arrest reports. The following chronologically
5maintained arrest and criminal history information maintained
6by State or local criminal justice agencies shall be furnished
7as soon as practical, but in no event later than 72 hours after
8the arrest, notwithstanding the time limits otherwise provided
9for in Section 3 of this Act: (i) information that identifies
10the individual, including the name, age, address, and
11photograph, when and if available; (ii) information detailing
12any charges relating to the arrest; (iii) the time and location
13of the arrest; (iv) the name of the investigating or arresting
14law enforcement agency; (v) if the individual is incarcerated,
15the amount of any bail or bond; and (vi) if the individual is
16incarcerated, the time and date that the individual was
17received into, discharged from, or transferred from the
18arresting agency's custody.
19    (b) Criminal history records. The following documents
20maintained by a public body pertaining to criminal history
21record information are public records subject to inspection and
22copying by the public pursuant to this Act: (i) court records
23that are public; (ii) records that are otherwise available
24under State or local law; and (iii) records in which the
25requesting party is the individual identified, except as

 

 

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1provided under Section 7(1)(d)(vi).
2    (c) Information described in items (iii) through (vi) of
3subsection (a) may be withheld if it is determined that
4disclosure would: (i) interfere with pending or actually and
5reasonably contemplated law enforcement proceedings conducted
6by any law enforcement agency; (ii) endanger the life or
7physical safety of law enforcement or correctional personnel or
8any other person; or (iii) compromise the security of any
9correctional facility.
10    (d) The provisions of this Section do not supersede the
11confidentiality provisions for law enforcement or arrest
12records of the Juvenile Court Act of 1987.
13(Source: P.A. 96-542, eff. 1-1-10.)
 
14    Section 10. The Juvenile Court Act of 1987 is amended by
15changing Sections 1-7 and 5-905 as follows:
 
16    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
17    Sec. 1-7. Confidentiality of law enforcement records.
18    (A) Inspection and copying of law enforcement records
19maintained by law enforcement agencies that relate to a minor
20who has been investigated, arrested, or taken into custody
21before his or her 18th birthday shall be restricted to the
22following:
23        (1) Any local, State or federal law enforcement
24    officers of any jurisdiction or agency when necessary for

 

 

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1    the discharge of their official duties during the
2    investigation or prosecution of a crime or relating to a
3    minor who has been adjudicated delinquent and there has
4    been a previous finding that the act which constitutes the
5    previous offense was committed in furtherance of criminal
6    activities by a criminal street gang, or, when necessary
7    for the discharge of its official duties in connection with
8    a particular investigation of the conduct of a law
9    enforcement officer, an independent agency or its staff
10    created by ordinance and charged by a unit of local
11    government with the duty of investigating the conduct of
12    law enforcement officers. For purposes of this Section,
13    "criminal street gang" has the meaning ascribed to it in
14    Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (2) Prosecutors, probation officers, social workers,
17    or other individuals assigned by the court to conduct a
18    pre-adjudication or pre-disposition investigation, and
19    individuals responsible for supervising or providing
20    temporary or permanent care and custody for minors pursuant
21    to the order of the juvenile court, when essential to
22    performing their responsibilities.
23        (3) Prosecutors and probation officers:
24            (a) in the course of a trial when institution of
25        criminal proceedings has been permitted or required
26        under Section 5-805; or

 

 

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1            (b) when institution of criminal proceedings has
2        been permitted or required under Section 5-805 and such
3        minor is the subject of a proceeding to determine the
4        amount of bail; or
5            (c) when criminal proceedings have been permitted
6        or required under Section 5-805 and such minor is the
7        subject of a pre-trial investigation, pre-sentence
8        investigation, fitness hearing, or proceedings on an
9        application for probation.
10        (4) Adult and Juvenile Prisoner Review Board.
11        (5) Authorized military personnel.
12        (6) Persons engaged in bona fide research, with the
13    permission of the Presiding Judge of the Juvenile Court and
14    the chief executive of the respective law enforcement
15    agency; provided that publication of such research results
16    in no disclosure of a minor's identity and protects the
17    confidentiality of the minor's record.
18        (7) Department of Children and Family Services child
19    protection investigators acting in their official
20    capacity.
21        (8) The appropriate school official only if the agency
22    or officer believes that there is an imminent threat of
23    physical harm to students, school personnel, or others who
24    are present in the school or on school grounds.
25             (A) Inspection and copying shall be limited to law
26        enforcement records transmitted to the appropriate

 

 

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1        school official or officials whom the school has
2        determined to have a legitimate educational or safety
3        interest by a local law enforcement agency under a
4        reciprocal reporting system established and maintained
5        between the school district and the local law
6        enforcement agency under Section 10-20.14 of the
7        School Code concerning a minor enrolled in a school
8        within the school district who has been arrested or
9        taken into custody for any of the following offenses:
10                (i) any violation of Article 24 of the Criminal
11            Code of 1961 or the Criminal Code of 2012;
12                (ii) a violation of the Illinois Controlled
13            Substances Act;
14                (iii) a violation of the Cannabis Control Act;
15                (iv) a forcible felony as defined in Section
16            2-8 of the Criminal Code of 1961 or the Criminal
17            Code of 2012;
18                (v) a violation of the Methamphetamine Control
19            and Community Protection Act;
20                (vi) a violation of Section 1-2 of the
21            Harassing and Obscene Communications Act;
22                (vii) a violation of the Hazing Act; or
23                (viii) a violation of Section 12-1, 12-2,
24            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
25            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
26            Criminal Code of 1961 or the Criminal Code of 2012.

 

 

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1            The information derived from the law enforcement
2        records shall be kept separate from and shall not
3        become a part of the official school record of that
4        child and shall not be a public record. The information
5        shall be used solely by the appropriate school official
6        or officials whom the school has determined to have a
7        legitimate educational or safety interest to aid in the
8        proper rehabilitation of the child and to protect the
9        safety of students and employees in the school. If the
10        designated law enforcement and school officials deem
11        it to be in the best interest of the minor, the student
12        may be referred to in-school or community based social
13        services if those services are available.
14        "Rehabilitation services" may include interventions by
15        school support personnel, evaluation for eligibility
16        for special education, referrals to community-based
17        agencies such as youth services, behavioral healthcare
18        service providers, drug and alcohol prevention or
19        treatment programs, and other interventions as deemed
20        appropriate for the student.
21            (B) Any information provided to appropriate school
22        officials whom the school has determined to have a
23        legitimate educational or safety interest by local law
24        enforcement officials about a minor who is the subject
25        of a current police investigation that is directly
26        related to school safety shall consist of oral

 

 

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1        information only, and not written law enforcement
2        records, and shall be used solely by the appropriate
3        school official or officials to protect the safety of
4        students and employees in the school and aid in the
5        proper rehabilitation of the child. The information
6        derived orally from the local law enforcement
7        officials shall be kept separate from and shall not
8        become a part of the official school record of the
9        child and shall not be a public record. This limitation
10        on the use of information about a minor who is the
11        subject of a current police investigation shall in no
12        way limit the use of this information by prosecutors in
13        pursuing criminal charges arising out of the
14        information disclosed during a police investigation of
15        the minor. For purposes of this paragraph,
16        "investigation" means an official systematic inquiry
17        by a law enforcement agency into actual or suspected
18        criminal activity.
19        (9) Mental health professionals on behalf of the
20    Illinois Department of Corrections or the Department of
21    Human Services or prosecutors who are evaluating,
22    prosecuting, or investigating a potential or actual
23    petition brought under the Sexually Violent Persons
24    Commitment Act relating to a person who is the subject of
25    juvenile law enforcement records or the respondent to a
26    petition brought under the Sexually Violent Persons

 

 

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1    Commitment Act who is the subject of the juvenile law
2    enforcement records sought. Any records and any
3    information obtained from those records under this
4    paragraph (9) may be used only in sexually violent persons
5    commitment proceedings.
6        (10) The president of a park district. Inspection and
7    copying shall be limited to law enforcement records
8    transmitted to the president of the park district by the
9    Illinois State Police under Section 8-23 of the Park
10    District Code or Section 16a-5 of the Chicago Park District
11    Act concerning a person who is seeking employment with that
12    park district and who has been adjudicated a juvenile
13    delinquent for any of the offenses listed in subsection (c)
14    of Section 8-23 of the Park District Code or subsection (c)
15    of Section 16a-5 of the Chicago Park District Act.
16        (B)(1) Except as provided in paragraph (2), no law
17    enforcement officer or other person or agency may knowingly
18    transmit to the Department of Corrections or the Department
19    of State Police or to the Federal Bureau of Investigation
20    any fingerprint or photograph relating to a minor who has
21    been arrested or taken into custody before his or her 18th
22    birthday, unless the court in proceedings under this Act
23    authorizes the transmission or enters an order under
24    Section 5-805 permitting or requiring the institution of
25    criminal proceedings.
26        (2) Law enforcement officers or other persons or

 

 

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1    agencies shall transmit to the Department of State Police
2    copies of fingerprints and descriptions of all minors who
3    have been arrested or taken into custody before their 18th
4    birthday for the offense of unlawful use of weapons under
5    Article 24 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, a Class X or Class 1 felony, a forcible
7    felony as defined in Section 2-8 of the Criminal Code of
8    1961 or the Criminal Code of 2012, or a Class 2 or greater
9    felony under the Cannabis Control Act, the Illinois
10    Controlled Substances Act, the Methamphetamine Control and
11    Community Protection Act, or Chapter 4 of the Illinois
12    Vehicle Code, pursuant to Section 5 of the Criminal
13    Identification Act. Information reported to the Department
14    pursuant to this Section may be maintained with records
15    that the Department files pursuant to Section 2.1 of the
16    Criminal Identification Act. Nothing in this Act prohibits
17    a law enforcement agency from fingerprinting a minor taken
18    into custody or arrested before his or her 18th birthday
19    for an offense other than those listed in this paragraph
20    (2).
21    (C) The records of law enforcement officers, or of an
22independent agency created by ordinance and charged by a unit
23of local government with the duty of investigating the conduct
24of law enforcement officers, concerning all minors under 18
25years of age must be maintained separate from the records of
26arrests and may not be open to public inspection or their

 

 

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1contents disclosed to the public except by order of the court
2presiding over matters pursuant to this Act or when the
3institution of criminal proceedings has been permitted or
4required under Section 5-805 or such a person has been
5convicted of a crime and is the subject of pre-sentence
6investigation or proceedings on an application for probation or
7when provided by law. For purposes of obtaining documents
8pursuant to this Section, a civil subpoena is not an order of
9the court.
10        (1) In cases where the law enforcement, or independent
11    agency, records concern a pending juvenile court case, the
12    party seeking to inspect the records shall provide actual
13    notice to the attorney or guardian ad litem of the minor
14    whose records are sought.
15        (2) In cases where the records concern a juvenile court
16    case that is no longer pending, the party seeking to
17    inspect the records shall provide actual notice to the
18    minor or the minor's parent or legal guardian, and the
19    matter shall be referred to the chief judge presiding over
20    matters pursuant to this Act.
21        (3) In determining whether the records should be
22    available for inspection, the court shall consider the
23    minor's interest in confidentiality and rehabilitation
24    over the moving party's interest in obtaining the
25    information. Any records obtained in violation of this
26    subsection (C) shall not be admissible in any criminal or

 

 

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1    civil proceeding, or operate to disqualify a minor from
2    subsequently holding public office or securing employment,
3    or operate as a forfeiture of any public benefit, right,
4    privilege, or right to receive any license granted by
5    public authority.
6    (D) Nothing contained in subsection (C) of this Section
7shall prohibit the inspection or disclosure to victims and
8witnesses of photographs contained in the records of law
9enforcement agencies when the inspection and disclosure is
10conducted in the presence of a law enforcement officer for the
11purpose of the identification or apprehension of any person
12subject to the provisions of this Act or for the investigation
13or prosecution of any crime.
14    (E) Law enforcement officers, and personnel of an
15independent agency created by ordinance and charged by a unit
16of local government with the duty of investigating the conduct
17of law enforcement officers, may not disclose the identity of
18any minor in releasing information to the general public as to
19the arrest, investigation or disposition of any case involving
20a minor.
21    (F) Nothing contained in this Section shall prohibit law
22enforcement agencies from communicating with each other by
23letter, memorandum, teletype or intelligence alert bulletin or
24other means the identity or other relevant information
25pertaining to a person under 18 years of age if there are
26reasonable grounds to believe that the person poses a real and

 

 

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1present danger to the safety of the public or law enforcement
2officers. The information provided under this subsection (F)
3shall remain confidential and shall not be publicly disclosed,
4except as otherwise allowed by law.
5    (G) Nothing in this Section shall prohibit the right of a
6Civil Service Commission or appointing authority of any state,
7county or municipality examining the character and fitness of
8an applicant for employment with a law enforcement agency,
9correctional institution, or fire department from obtaining
10and examining the records of any law enforcement agency
11relating to any record of the applicant having been arrested or
12taken into custody before the applicant's 18th birthday.
13    (H) The changes made to this Section by Public Act 98-61
14apply to law enforcement records of a minor who has been
15arrested or taken into custody on or after January 1, 2014 (the
16effective date of Public Act 98-61).
17(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
1897-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
191-1-14; 98-756, eff. 7-16-14.)
 
20    (705 ILCS 405/5-905)
21    Sec. 5-905. Law enforcement records.
22    (1) Law Enforcement Records. Inspection and copying of law
23enforcement records maintained by law enforcement agencies
24that relate to a minor who has been investigated, arrested, or
25taken into custody before his or her 18th birthday shall be

 

 

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1restricted to the following and when necessary for the
2discharge of their official duties:
3        (a) A judge of the circuit court and members of the
4    staff of the court designated by the judge;
5        (b) Law enforcement officers, probation officers or
6    prosecutors or their staff, or, when necessary for the
7    discharge of its official duties in connection with a
8    particular investigation of the conduct of a law
9    enforcement officer, an independent agency or its staff
10    created by ordinance and charged by a unit of local
11    government with the duty of investigating the conduct of
12    law enforcement officers;
13        (c) The minor, the minor's parents or legal guardian
14    and their attorneys, but only when the juvenile has been
15    charged with an offense;
16        (d) Adult and Juvenile Prisoner Review Boards;
17        (e) Authorized military personnel;
18        (f) Persons engaged in bona fide research, with the
19    permission of the judge of juvenile court and the chief
20    executive of the agency that prepared the particular
21    recording: provided that publication of such research
22    results in no disclosure of a minor's identity and protects
23    the confidentiality of the record;
24        (g) Individuals responsible for supervising or
25    providing temporary or permanent care and custody of minors
26    pursuant to orders of the juvenile court or directives from

 

 

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1    officials of the Department of Children and Family Services
2    or the Department of Human Services who certify in writing
3    that the information will not be disclosed to any other
4    party except as provided under law or order of court;
5        (h) The appropriate school official only if the agency
6    or officer believes that there is an imminent threat of
7    physical harm to students, school personnel, or others who
8    are present in the school or on school grounds.
9             (A) Inspection and copying shall be limited to law
10        enforcement records transmitted to the appropriate
11        school official or officials whom the school has
12        determined to have a legitimate educational or safety
13        interest by a local law enforcement agency under a
14        reciprocal reporting system established and maintained
15        between the school district and the local law
16        enforcement agency under Section 10-20.14 of the
17        School Code concerning a minor enrolled in a school
18        within the school district who has been arrested or
19        taken into custody for any of the following offenses:
20                (i) any violation of Article 24 of the Criminal
21            Code of 1961 or the Criminal Code of 2012;
22                (ii) a violation of the Illinois Controlled
23            Substances Act;
24                (iii) a violation of the Cannabis Control Act;
25                (iv) a forcible felony as defined in Section
26            2-8 of the Criminal Code of 1961 or the Criminal

 

 

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1            Code of 2012;
2                (v) a violation of the Methamphetamine Control
3            and Community Protection Act;
4                (vi) a violation of Section 1-2 of the
5            Harassing and Obscene Communications Act;
6                (vii) a violation of the Hazing Act; or
7                (viii) a violation of Section 12-1, 12-2,
8            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
9            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
10            Criminal Code of 1961 or the Criminal Code of 2012.
11            The information derived from the law enforcement
12        records shall be kept separate from and shall not
13        become a part of the official school record of that
14        child and shall not be a public record. The information
15        shall be used solely by the appropriate school official
16        or officials whom the school has determined to have a
17        legitimate educational or safety interest to aid in the
18        proper rehabilitation of the child and to protect the
19        safety of students and employees in the school. If the
20        designated law enforcement and school officials deem
21        it to be in the best interest of the minor, the student
22        may be referred to in-school or community based social
23        services if those services are available.
24        "Rehabilitation services" may include interventions by
25        school support personnel, evaluation for eligibility
26        for special education, referrals to community-based

 

 

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1        agencies such as youth services, behavioral healthcare
2        service providers, drug and alcohol prevention or
3        treatment programs, and other interventions as deemed
4        appropriate for the student.
5            (B) Any information provided to appropriate school
6        officials whom the school has determined to have a
7        legitimate educational or safety interest by local law
8        enforcement officials about a minor who is the subject
9        of a current police investigation that is directly
10        related to school safety shall consist of oral
11        information only, and not written law enforcement
12        records, and shall be used solely by the appropriate
13        school official or officials to protect the safety of
14        students and employees in the school and aid in the
15        proper rehabilitation of the child. The information
16        derived orally from the local law enforcement
17        officials shall be kept separate from and shall not
18        become a part of the official school record of the
19        child and shall not be a public record. This limitation
20        on the use of information about a minor who is the
21        subject of a current police investigation shall in no
22        way limit the use of this information by prosecutors in
23        pursuing criminal charges arising out of the
24        information disclosed during a police investigation of
25        the minor. For purposes of this paragraph,
26        "investigation" means an official systematic inquiry

 

 

09900HB3303ham002- 22 -LRB099 05805 JLK 33821 a

1        by a law enforcement agency into actual or suspected
2        criminal activity;
3        (i) The president of a park district. Inspection and
4    copying shall be limited to law enforcement records
5    transmitted to the president of the park district by the
6    Illinois State Police under Section 8-23 of the Park
7    District Code or Section 16a-5 of the Chicago Park District
8    Act concerning a person who is seeking employment with that
9    park district and who has been adjudicated a juvenile
10    delinquent for any of the offenses listed in subsection (c)
11    of Section 8-23 of the Park District Code or subsection (c)
12    of Section 16a-5 of the Chicago Park District Act.
13    (2) Information identifying victims and alleged victims of
14sex offenses, shall not be disclosed or open to public
15inspection under any circumstances. Nothing in this Section
16shall prohibit the victim or alleged victim of any sex offense
17from voluntarily disclosing his or her identity.
18    (2.5) If the minor is a victim of aggravated battery,
19battery, attempted first degree murder, or other non-sexual
20violent offense, the identity of the victim may be disclosed to
21appropriate school officials, for the purpose of preventing
22foreseeable future violence involving minors, by a local law
23enforcement agency pursuant to an agreement established
24between the school district and a local law enforcement agency
25subject to the approval by the presiding judge of the juvenile
26court.

 

 

09900HB3303ham002- 23 -LRB099 05805 JLK 33821 a

1    (3) Relevant information, reports and records shall be made
2available to the Department of Juvenile Justice when a juvenile
3offender has been placed in the custody of the Department of
4Juvenile Justice.
5    (4) Nothing in this Section shall prohibit the inspection
6or disclosure to victims and witnesses of photographs contained
7in the records of law enforcement agencies when the inspection
8or disclosure is conducted in the presence of a law enforcement
9officer for purposes of identification or apprehension of any
10person in the course of any criminal investigation or
11prosecution.
12    (5) The records of law enforcement officers, or of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, concerning all minors under 18
16years of age must be maintained separate from the records of
17adults and may not be open to public inspection or their
18contents disclosed to the public except by order of the court
19or when the institution of criminal proceedings has been
20permitted under Section 5-130 or 5-805 or required under
21Section 5-130 or 5-805 or such a person has been convicted of a
22crime and is the subject of pre-sentence investigation or when
23provided by law.
24    (6) Except as otherwise provided in this subsection (6),
25law enforcement officers, and personnel of an independent
26agency created by ordinance and charged by a unit of local

 

 

09900HB3303ham002- 24 -LRB099 05805 JLK 33821 a

1government with the duty of investigating the conduct of law
2enforcement officers, may not disclose the identity of any
3minor in releasing information to the general public as to the
4arrest, investigation or disposition of any case involving a
5minor. Any victim or parent or legal guardian of a victim may
6petition the court to disclose the name and address of the
7minor and the minor's parents or legal guardian, or both. Upon
8a finding by clear and convincing evidence that the disclosure
9is either necessary for the victim to pursue a civil remedy
10against the minor or the minor's parents or legal guardian, or
11both, or to protect the victim's person or property from the
12minor, then the court may order the disclosure of the
13information to the victim or to the parent or legal guardian of
14the victim only for the purpose of the victim pursuing a civil
15remedy against the minor or the minor's parents or legal
16guardian, or both, or to protect the victim's person or
17property from the minor.
18    (7) Nothing contained in this Section shall prohibit law
19enforcement agencies when acting in their official capacity
20from communicating with each other by letter, memorandum,
21teletype or intelligence alert bulletin or other means the
22identity or other relevant information pertaining to a person
23under 18 years of age. The information provided under this
24subsection (7) shall remain confidential and shall not be
25publicly disclosed, except as otherwise allowed by law.
26    (8) No person shall disclose information under this Section

 

 

09900HB3303ham002- 25 -LRB099 05805 JLK 33821 a

1except when acting in his or her official capacity and as
2provided by law or order of court.
3    (9) The changes made to this Section by Public Act 98-61
4apply to law enforcement records of a minor who has been
5arrested or taken into custody on or after January 1, 2014 (the
6effective date of Public Act 98-61).
7(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
897-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff.
97-16-14.)".