Sen. John M. Sullivan

Filed: 5/15/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3895

2    AMENDMENT NO. ______. Amend House Bill 3895 as follows:
 
3on page 1, line 5, by replacing "Section 7" with "Sections
42.15, 7, and 7.5"; and
 
5on page 1, below line 5, by inserting the following:
 
6    "(5 ILCS 140/2.15)
7    Sec. 2.15. Arrest reports and criminal history records.
8    (a) Arrest reports. The following chronologically
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing

 

 

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1any charges relating to the arrest; (iii) the time and location
2of the arrest; (iv) the name of the investigating or arresting
3law enforcement agency; (v) if the individual is incarcerated,
4the amount of any bail or bond; and (vi) if the individual is
5incarcerated, the time and date that the individual was
6received into, discharged from, or transferred from the
7arresting agency's custody.
8    (b) Criminal history records. The following documents
9maintained by a public body pertaining to criminal history
10record information are public records subject to inspection and
11copying by the public pursuant to this Act: (i) court records
12that are public; (ii) records that are otherwise available
13under State or local law; and (iii) records in which the
14requesting party is the individual identified, except as
15provided under Section 7(1)(d)(vi).
16    (c) Information described in items (iii) through (vi) of
17subsection (a) may be withheld if it is determined that
18disclosure would: (i) interfere with pending or actually and
19reasonably contemplated law enforcement proceedings conducted
20by any law enforcement agency; (ii) endanger the life or
21physical safety of law enforcement or correctional personnel or
22any other person; or (iii) compromise the security of any
23correctional facility.
24    (d) The provisions of this Section do not supersede the
25confidentiality provisions for law enforcement or arrest
26records of the Juvenile Court Act of 1987.

 

 

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1(Source: P.A. 96-542, eff. 1-1-10.)"; and
 
2on page 14, below line 3, by inserting the following:
 
3    (5 ILCS 140/7.5)
4    Sec. 7.5. Statutory exemptions Exemptions. To the extent
5provided for by the statutes referenced below, the following
6shall be exempt from inspection and copying:
7        (a) All information determined to be confidential
8    under Section 4002 of the Technology Advancement and
9    Development Act.
10        (b) Library circulation and order records identifying
11    library users with specific materials under the Library
12    Records Confidentiality Act.
13        (c) Applications, related documents, and medical
14    records received by the Experimental Organ Transplantation
15    Procedures Board and any and all documents or other records
16    prepared by the Experimental Organ Transplantation
17    Procedures Board or its staff relating to applications it
18    has received.
19        (d) Information and records held by the Department of
20    Public Health and its authorized representatives relating
21    to known or suspected cases of sexually transmissible
22    disease or any information the disclosure of which is
23    restricted under the Illinois Sexually Transmissible
24    Disease Control Act.

 

 

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1        (e) Information the disclosure of which is exempted
2    under Section 30 of the Radon Industry Licensing Act.
3        (f) Firm performance evaluations under Section 55 of
4    the Architectural, Engineering, and Land Surveying
5    Qualifications Based Selection Act.
6        (g) Information the disclosure of which is restricted
7    and exempted under Section 50 of the Illinois Prepaid
8    Tuition Act.
9        (h) Information the disclosure of which is exempted
10    under the State Officials and Employees Ethics Act, and
11    records of any lawfully created State or local inspector
12    general's office that would be exempt if created or
13    obtained by an Executive Inspector General's office under
14    that Act.
15        (i) Information contained in a local emergency energy
16    plan submitted to a municipality in accordance with a local
17    emergency energy plan ordinance that is adopted under
18    Section 11-21.5-5 of the Illinois Municipal Code.
19        (j) Information and data concerning the distribution
20    of surcharge moneys collected and remitted by wireless
21    carriers under the Wireless Emergency Telephone Safety
22    Act.
23        (k) Law enforcement officer identification information
24    or driver identification information compiled by a law
25    enforcement agency or the Department of Transportation
26    under Section 11-212 of the Illinois Vehicle Code.

 

 

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1        (l) Records and information provided to a residential
2    health care facility resident sexual assault and death
3    review team or the Executive Council under the Abuse
4    Prevention Review Team Act.
5        (m) Information provided to the predatory lending
6    database created pursuant to Article 3 of the Residential
7    Real Property Disclosure Act, except to the extent
8    authorized under that Article.
9        (n) Defense budgets and petitions for certification of
10    compensation and expenses for court appointed trial
11    counsel as provided under Sections 10 and 15 of the Capital
12    Crimes Litigation Act. This subsection (n) shall apply
13    until the conclusion of the trial of the case, even if the
14    prosecution chooses not to pursue the death penalty prior
15    to trial or sentencing.
16        (o) Information that is prohibited from being
17    disclosed under Section 4 of the Illinois Health and
18    Hazardous Substances Registry Act.
19        (p) Security portions of system safety program plans,
20    investigation reports, surveys, schedules, lists, data, or
21    information compiled, collected, or prepared by or for the
22    Regional Transportation Authority under Section 2.11 of
23    the Regional Transportation Authority Act or the St. Clair
24    County Transit District under the Bi-State Transit Safety
25    Act.
26        (q) Information prohibited from being disclosed by the

 

 

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1    Personnel Records Review Act.
2        (r) Information prohibited from being disclosed by the
3    Illinois School Student Records Act.
4        (s) Information the disclosure of which is restricted
5    under Section 5-108 of the Public Utilities Act.
6        (t) All identified or deidentified health information
7    in the form of health data or medical records contained in,
8    stored in, submitted to, transferred by, or released from
9    the Illinois Health Information Exchange, and identified
10    or deidentified health information in the form of health
11    data and medical records of the Illinois Health Information
12    Exchange in the possession of the Illinois Health
13    Information Exchange Authority due to its administration
14    of the Illinois Health Information Exchange. The terms
15    "identified" and "deidentified" shall be given the same
16    meaning as in the Health Insurance Accountability and
17    Portability Act of 1996, Public Law 104-191, or any
18    subsequent amendments thereto, and any regulations
19    promulgated thereunder.
20        (u) Records and information provided to an independent
21    team of experts under Brian's Law.
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

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1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed Carry
3    Licensing Review Board under the Firearm Concealed Carry
4    Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (w) Personally identifiable information which is
7    exempted from disclosure under subsection (g) of Section
8    19.1 of the Toll Highway Act.
9        (x) Information which is exempted from disclosure
10    under Section 5-1014.3 of the Counties Code or Section
11    8-11-21 of the Illinois Municipal Code.
12        (y) Confidential information under the Adult
13    Protective Services Act and its predecessor enabling
14    statute, the Elder Abuse and Neglect Act, including
15    information about the identity and administrative finding
16    against any caregiver of a verified and substantiated
17    decision of abuse, neglect, or financial exploitation of an
18    eligible adult maintained in the Registry established
19    under Section 7.5 of the Adult Protective Services Act.
20        (z) Records and information provided to a fatality
21    review team or the Illinois Fatality Review Team Advisory
22    Council under Section 15 of the Adult Protective Services
23    Act.
24        (aa) Information which is exempted from disclosure
25    under Section 2.37 of the Wildlife Code.
26        (bb) Information which is or was prohibited from

 

 

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1    disclosure by the Juvenile Court Act of 1987.
2(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
3eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
4eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
5eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
 
6    Section 10. The Juvenile Court Act of 1987 is amended by
7changing Sections 1-7 and 5-905 as follows:
 
8    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
9    Sec. 1-7. Confidentiality of law enforcement records.
10    (A) Inspection and copying of law enforcement records
11maintained by law enforcement agencies that relate to a minor
12who has been investigated, arrested, or taken into custody
13before his or her 18th birthday shall be restricted to the
14following:
15        (1) Any local, State or federal law enforcement
16    officers of any jurisdiction or agency when necessary for
17    the discharge of their official duties during the
18    investigation or prosecution of a crime or relating to a
19    minor who has been adjudicated delinquent and there has
20    been a previous finding that the act which constitutes the
21    previous offense was committed in furtherance of criminal
22    activities by a criminal street gang, or, when necessary
23    for the discharge of its official duties in connection with
24    a particular investigation of the conduct of a law

 

 

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1    enforcement officer, an independent agency or its staff
2    created by ordinance and charged by a unit of local
3    government with the duty of investigating the conduct of
4    law enforcement officers. For purposes of this Section,
5    "criminal street gang" has the meaning ascribed to it in
6    Section 10 of the Illinois Streetgang Terrorism Omnibus
7    Prevention Act.
8        (2) Prosecutors, probation officers, social workers,
9    or other individuals assigned by the court to conduct a
10    pre-adjudication or pre-disposition investigation, and
11    individuals responsible for supervising or providing
12    temporary or permanent care and custody for minors pursuant
13    to the order of the juvenile court, when essential to
14    performing their responsibilities.
15        (3) Prosecutors and probation officers:
16            (a) in the course of a trial when institution of
17        criminal proceedings has been permitted or required
18        under Section 5-805; or
19            (b) when institution of criminal proceedings has
20        been permitted or required under Section 5-805 and such
21        minor is the subject of a proceeding to determine the
22        amount of bail; or
23            (c) when criminal proceedings have been permitted
24        or required under Section 5-805 and such minor is the
25        subject of a pre-trial investigation, pre-sentence
26        investigation, fitness hearing, or proceedings on an

 

 

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1        application for probation.
2        (4) Adult and Juvenile Prisoner Review Board.
3        (5) Authorized military personnel.
4        (6) Persons engaged in bona fide research, with the
5    permission of the Presiding Judge of the Juvenile Court and
6    the chief executive of the respective law enforcement
7    agency; provided that publication of such research results
8    in no disclosure of a minor's identity and protects the
9    confidentiality of the minor's record.
10        (7) Department of Children and Family Services child
11    protection investigators acting in their official
12    capacity.
13        (8) The appropriate school official only if the agency
14    or officer believes that there is an imminent threat of
15    physical harm to students, school personnel, or others who
16    are present in the school or on school grounds.
17             (A) Inspection and copying shall be limited to law
18        enforcement records transmitted to the appropriate
19        school official or officials whom the school has
20        determined to have a legitimate educational or safety
21        interest by a local law enforcement agency under a
22        reciprocal reporting system established and maintained
23        between the school district and the local law
24        enforcement agency under Section 10-20.14 of the
25        School Code concerning a minor enrolled in a school
26        within the school district who has been arrested or

 

 

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1        taken into custody for any of the following offenses:
2                (i) any violation of Article 24 of the Criminal
3            Code of 1961 or the Criminal Code of 2012;
4                (ii) a violation of the Illinois Controlled
5            Substances Act;
6                (iii) a violation of the Cannabis Control Act;
7                (iv) a forcible felony as defined in Section
8            2-8 of the Criminal Code of 1961 or the Criminal
9            Code of 2012;
10                (v) a violation of the Methamphetamine Control
11            and Community Protection Act;
12                (vi) a violation of Section 1-2 of the
13            Harassing and Obscene Communications Act;
14                (vii) a violation of the Hazing Act; or
15                (viii) a violation of Section 12-1, 12-2,
16            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
17            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
18            Criminal Code of 1961 or the Criminal Code of 2012.
19            The information derived from the law enforcement
20        records shall be kept separate from and shall not
21        become a part of the official school record of that
22        child and shall not be a public record. The information
23        shall be used solely by the appropriate school official
24        or officials whom the school has determined to have a
25        legitimate educational or safety interest to aid in the
26        proper rehabilitation of the child and to protect the

 

 

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

 

 

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1        child and shall not be a public record. This limitation
2        on the use of information about a minor who is the
3        subject of a current police investigation shall in no
4        way limit the use of this information by prosecutors in
5        pursuing criminal charges arising out of the
6        information disclosed during a police investigation of
7        the minor. For purposes of this paragraph,
8        "investigation" means an official systematic inquiry
9        by a law enforcement agency into actual or suspected
10        criminal activity.
11        (9) Mental health professionals on behalf of the
12    Illinois Department of Corrections or the Department of
13    Human Services or prosecutors who are evaluating,
14    prosecuting, or investigating a potential or actual
15    petition brought under the Sexually Violent Persons
16    Commitment Act relating to a person who is the subject of
17    juvenile law enforcement records or the respondent to a
18    petition brought under the Sexually Violent Persons
19    Commitment Act who is the subject of the juvenile law
20    enforcement records sought. Any records and any
21    information obtained from those records under this
22    paragraph (9) may be used only in sexually violent persons
23    commitment proceedings.
24        (10) The president of a park district. Inspection and
25    copying shall be limited to law enforcement records
26    transmitted to the president of the park district by the

 

 

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1    Illinois State Police under Section 8-23 of the Park
2    District Code or Section 16a-5 of the Chicago Park District
3    Act concerning a person who is seeking employment with that
4    park district and who has been adjudicated a juvenile
5    delinquent for any of the offenses listed in subsection (c)
6    of Section 8-23 of the Park District Code or subsection (c)
7    of Section 16a-5 of the Chicago Park District Act.
8        (B)(1) Except as provided in paragraph (2), no law
9    enforcement officer or other person or agency may knowingly
10    transmit to the Department of Corrections or the Department
11    of State Police or to the Federal Bureau of Investigation
12    any fingerprint or photograph relating to a minor who has
13    been arrested or taken into custody before his or her 18th
14    birthday, unless the court in proceedings under this Act
15    authorizes the transmission or enters an order under
16    Section 5-805 permitting or requiring the institution of
17    criminal proceedings.
18        (2) Law enforcement officers or other persons or
19    agencies shall transmit to the Department of State Police
20    copies of fingerprints and descriptions of all minors who
21    have been arrested or taken into custody before their 18th
22    birthday for the offense of unlawful use of weapons under
23    Article 24 of the Criminal Code of 1961 or the Criminal
24    Code of 2012, a Class X or Class 1 felony, a forcible
25    felony as defined in Section 2-8 of the Criminal Code of
26    1961 or the Criminal Code of 2012, or a Class 2 or greater

 

 

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1    felony under the Cannabis Control Act, the Illinois
2    Controlled Substances Act, the Methamphetamine Control and
3    Community Protection Act, or Chapter 4 of the Illinois
4    Vehicle Code, pursuant to Section 5 of the Criminal
5    Identification Act. Information reported to the Department
6    pursuant to this Section may be maintained with records
7    that the Department files pursuant to Section 2.1 of the
8    Criminal Identification Act. Nothing in this Act prohibits
9    a law enforcement agency from fingerprinting a minor taken
10    into custody or arrested before his or her 18th birthday
11    for an offense other than those listed in this paragraph
12    (2).
13    (C) The records of law enforcement officers, or of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, concerning all minors under 18
17years of age must be maintained separate from the records of
18arrests and may not be open to public inspection or their
19contents disclosed to the public except by order of the court
20presiding over matters pursuant to this Act or when the
21institution of criminal proceedings has been permitted or
22required under Section 5-805 or such a person has been
23convicted of a crime and is the subject of pre-sentence
24investigation or proceedings on an application for probation or
25when provided by law. For purposes of obtaining documents
26pursuant to this Section, a civil subpoena is not an order of

 

 

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1the court.
2        (1) In cases where the law enforcement, or independent
3    agency, records concern a pending juvenile court case, the
4    party seeking to inspect the records shall provide actual
5    notice to the attorney or guardian ad litem of the minor
6    whose records are sought.
7        (2) In cases where the records concern a juvenile court
8    case that is no longer pending, the party seeking to
9    inspect the records shall provide actual notice to the
10    minor or the minor's parent or legal guardian, and the
11    matter shall be referred to the chief judge presiding over
12    matters pursuant to this Act.
13        (3) In determining whether the records should be
14    available for inspection, the court shall consider the
15    minor's interest in confidentiality and rehabilitation
16    over the moving party's interest in obtaining the
17    information. Any records obtained in violation of this
18    subsection (C) shall not be admissible in any criminal or
19    civil proceeding, or operate to disqualify a minor from
20    subsequently holding public office or securing employment,
21    or operate as a forfeiture of any public benefit, right,
22    privilege, or right to receive any license granted by
23    public authority.
24    (D) Nothing contained in subsection (C) of this Section
25shall prohibit the inspection or disclosure to victims and
26witnesses of photographs contained in the records of law

 

 

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1enforcement agencies when the inspection and disclosure is
2conducted in the presence of a law enforcement officer for the
3purpose of the identification or apprehension of any person
4subject to the provisions of this Act or for the investigation
5or prosecution of any crime.
6    (E) Law enforcement officers, and personnel of an
7independent agency created by ordinance and charged by a unit
8of local government with the duty of investigating the conduct
9of law enforcement officers, may not disclose the identity of
10any minor in releasing information to the general public as to
11the arrest, investigation or disposition of any case involving
12a minor.
13    (F) Nothing contained in this Section shall prohibit law
14enforcement agencies from communicating with each other by
15letter, memorandum, teletype or intelligence alert bulletin or
16other means the identity or other relevant information
17pertaining to a person under 18 years of age if there are
18reasonable grounds to believe that the person poses a real and
19present danger to the safety of the public or law enforcement
20officers. The information provided under this subsection (F)
21shall remain confidential and shall not be publicly disclosed,
22except as otherwise allowed by law.
23    (G) Nothing in this Section shall prohibit the right of a
24Civil Service Commission or appointing authority of any state,
25county or municipality examining the character and fitness of
26an applicant for employment with a law enforcement agency,

 

 

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1correctional institution, or fire department from obtaining
2and examining the records of any law enforcement agency
3relating to any record of the applicant having been arrested or
4taken into custody before the applicant's 18th birthday.
5    (H) The changes made to this Section by Public Act 98-61
6apply to law enforcement records of a minor who has been
7arrested or taken into custody on or after January 1, 2014 (the
8effective date of Public Act 98-61).
9(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
1097-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
111-1-14; 98-756, eff. 7-16-14.)
 
12    (705 ILCS 405/5-905)
13    Sec. 5-905. Law enforcement records.
14    (1) Law Enforcement Records. Inspection and copying of law
15enforcement records maintained by law enforcement agencies
16that relate to a minor who has been investigated, arrested, or
17taken into custody before his or her 18th birthday shall be
18restricted to the following and when necessary for the
19discharge of their official duties:
20        (a) A judge of the circuit court and members of the
21    staff of the court designated by the judge;
22        (b) Law enforcement officers, probation officers or
23    prosecutors or their staff, or, when necessary for the
24    discharge of its official duties in connection with a
25    particular investigation of the conduct of a law

 

 

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1    enforcement officer, an independent agency or its staff
2    created by ordinance and charged by a unit of local
3    government with the duty of investigating the conduct of
4    law enforcement officers;
5        (c) The minor, the minor's parents or legal guardian
6    and their attorneys, but only when the juvenile has been
7    charged with an offense;
8        (d) Adult and Juvenile Prisoner Review Boards;
9        (e) Authorized military personnel;
10        (f) Persons engaged in bona fide research, with the
11    permission of the judge of juvenile court and the chief
12    executive of the agency that prepared the particular
13    recording: provided that publication of such research
14    results in no disclosure of a minor's identity and protects
15    the confidentiality of the record;
16        (g) Individuals responsible for supervising or
17    providing temporary or permanent care and custody of minors
18    pursuant to orders of the juvenile court or directives from
19    officials of the Department of Children and Family Services
20    or the Department of Human Services who certify in writing
21    that the information will not be disclosed to any other
22    party except as provided under law or order of court;
23        (h) The appropriate school official only if the agency
24    or officer believes that there is an imminent threat of
25    physical harm to students, school personnel, or others who
26    are present in the school or on school grounds.

 

 

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

 

 

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1            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
2            Criminal Code of 1961 or the Criminal Code of 2012.
3            The information derived from the law enforcement
4        records shall be kept separate from and shall not
5        become a part of the official school record of that
6        child and shall not be a public record. The information
7        shall be used solely by the appropriate school official
8        or officials whom the school has determined to have a
9        legitimate educational or safety interest to aid in the
10        proper rehabilitation of the child and to protect the
11        safety of students and employees in the school. If the
12        designated law enforcement and school officials deem
13        it to be in the best interest of the minor, the student
14        may be referred to in-school or community based social
15        services if those services are available.
16        "Rehabilitation services" may include interventions by
17        school support personnel, evaluation for eligibility
18        for special education, referrals to community-based
19        agencies such as youth services, behavioral healthcare
20        service providers, drug and alcohol prevention or
21        treatment programs, and other interventions as deemed
22        appropriate for the student.
23            (B) Any information provided to appropriate school
24        officials whom the school has determined to have a
25        legitimate educational or safety interest by local law
26        enforcement officials about a minor who is the subject

 

 

09900HB3895sam001- 22 -LRB099 10007 MGM 35611 a

1        of a current police investigation that is directly
2        related to school safety shall consist of oral
3        information only, and not written law enforcement
4        records, and shall be used solely by the appropriate
5        school official or officials to protect the safety of
6        students and employees in the school and aid in the
7        proper rehabilitation of the child. The information
8        derived orally from the local law enforcement
9        officials shall be kept separate from and shall not
10        become a part of the official school record of the
11        child and shall not be a public record. This limitation
12        on the use of information about a minor who is the
13        subject of a current police investigation shall in no
14        way limit the use of this information by prosecutors in
15        pursuing criminal charges arising out of the
16        information disclosed during a police investigation of
17        the minor. For purposes of this paragraph,
18        "investigation" means an official systematic inquiry
19        by a law enforcement agency into actual or suspected
20        criminal activity;
21        (i) The president of a park district. Inspection and
22    copying shall be limited to law enforcement records
23    transmitted to the president of the park district by the
24    Illinois State Police under Section 8-23 of the Park
25    District Code or Section 16a-5 of the Chicago Park District
26    Act concerning a person who is seeking employment with that

 

 

09900HB3895sam001- 23 -LRB099 10007 MGM 35611 a

1    park district and who has been adjudicated a juvenile
2    delinquent for any of the offenses listed in subsection (c)
3    of Section 8-23 of the Park District Code or subsection (c)
4    of Section 16a-5 of the Chicago Park District Act.
5    (2) Information identifying victims and alleged victims of
6sex offenses, shall not be disclosed or open to public
7inspection under any circumstances. Nothing in this Section
8shall prohibit the victim or alleged victim of any sex offense
9from voluntarily disclosing his or her identity.
10    (2.5) If the minor is a victim of aggravated battery,
11battery, attempted first degree murder, or other non-sexual
12violent offense, the identity of the victim may be disclosed to
13appropriate school officials, for the purpose of preventing
14foreseeable future violence involving minors, by a local law
15enforcement agency pursuant to an agreement established
16between the school district and a local law enforcement agency
17subject to the approval by the presiding judge of the juvenile
18court.
19    (3) Relevant information, reports and records shall be made
20available to the Department of Juvenile Justice when a juvenile
21offender has been placed in the custody of the Department of
22Juvenile Justice.
23    (4) Nothing in this Section shall prohibit the inspection
24or disclosure to victims and witnesses of photographs contained
25in the records of law enforcement agencies when the inspection
26or disclosure is conducted in the presence of a law enforcement

 

 

09900HB3895sam001- 24 -LRB099 10007 MGM 35611 a

1officer for purposes of identification or apprehension of any
2person in the course of any criminal investigation or
3prosecution.
4    (5) The records of law enforcement officers, or of an
5independent agency created by ordinance and charged by a unit
6of local government with the duty of investigating the conduct
7of law enforcement officers, concerning all minors under 18
8years of age must be maintained separate from the records of
9adults and may not be open to public inspection or their
10contents disclosed to the public except by order of the court
11or when the institution of criminal proceedings has been
12permitted under Section 5-130 or 5-805 or required under
13Section 5-130 or 5-805 or such a person has been convicted of a
14crime and is the subject of pre-sentence investigation or when
15provided by law.
16    (6) Except as otherwise provided in this subsection (6),
17law enforcement officers, and personnel of an independent
18agency created by ordinance and charged by a unit of local
19government with the duty of investigating the conduct of law
20enforcement officers, may not disclose the identity of any
21minor in releasing information to the general public as to the
22arrest, investigation or disposition of any case involving a
23minor. Any victim or parent or legal guardian of a victim may
24petition the court to disclose the name and address of the
25minor and the minor's parents or legal guardian, or both. Upon
26a finding by clear and convincing evidence that the disclosure

 

 

09900HB3895sam001- 25 -LRB099 10007 MGM 35611 a

1is either necessary for the victim to pursue a civil remedy
2against the minor or the minor's parents or legal guardian, or
3both, or to protect the victim's person or property from the
4minor, then the court may order the disclosure of the
5information to the victim or to the parent or legal guardian of
6the victim only for the purpose of the victim pursuing a civil
7remedy against the minor or the minor's parents or legal
8guardian, or both, or to protect the victim's person or
9property from the minor.
10    (7) Nothing contained in this Section shall prohibit law
11enforcement agencies when acting in their official capacity
12from communicating with each other by letter, memorandum,
13teletype or intelligence alert bulletin or other means the
14identity or other relevant information pertaining to a person
15under 18 years of age. The information provided under this
16subsection (7) shall remain confidential and shall not be
17publicly disclosed, except as otherwise allowed by law.
18    (8) No person shall disclose information under this Section
19except when acting in his or her official capacity and as
20provided by law or order of court.
21    (9) The changes made to this Section by Public Act 98-61
22apply to law enforcement records of a minor who has been
23arrested or taken into custody on or after January 1, 2014 (the
24effective date of Public Act 98-61).
25(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
2697-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff.

 

 

09900HB3895sam001- 26 -LRB099 10007 MGM 35611 a

17-16-14.)".