HB3303ham003 99TH GENERAL ASSEMBLY

Rep. Pamela Reaves-Harris

Filed: 4/17/2015

 

 


 

 


 
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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 2.15 and 7.5 as follows:
 
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
16any charges relating to the arrest; (iii) the time and location

 

 

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1of the arrest; (iv) the name of the investigating or arresting
2law enforcement agency; (v) if the individual is incarcerated,
3the amount of any bail or bond; and (vi) if the individual is
4incarcerated, the time and date that the individual was
5received into, discharged from, or transferred from the
6arresting agency's custody.
7    (b) Criminal history records. The following documents
8maintained by a public body pertaining to criminal history
9record information are public records subject to inspection and
10copying by the public pursuant to this Act: (i) court records
11that are public; (ii) records that are otherwise available
12under State or local law; and (iii) records in which the
13requesting party is the individual identified, except as
14provided under Section 7(1)(d)(vi).
15    (c) Information described in items (iii) through (vi) of
16subsection (a) may be withheld if it is determined that
17disclosure would: (i) interfere with pending or actually and
18reasonably contemplated law enforcement proceedings conducted
19by any law enforcement agency; (ii) endanger the life or
20physical safety of law enforcement or correctional personnel or
21any other person; or (iii) compromise the security of any
22correctional facility.
23    (d) The provisions of this Section do not supersede the
24confidentiality provisions for law enforcement or arrest
25records of the Juvenile Court Act of 1987.
26(Source: P.A. 96-542, eff. 1-1-10.)
 

 

 

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1    (5 ILCS 140/7.5)
2    Sec. 7.5. Statutory exemptions Exemptions. To the extent
3provided for by the statutes referenced below, the following
4shall be exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other records
14    prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of

 

 

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

 

 

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

 

 

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

 

 

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1    Act, and law enforcement agency objections under the
2    Firearm Concealed Carry Act.
3        (w) Personally identifiable information which is
4    exempted from disclosure under subsection (g) of Section
5    19.1 of the Toll Highway Act.
6        (x) Information which is exempted from disclosure
7    under Section 5-1014.3 of the Counties Code or Section
8    8-11-21 of the Illinois Municipal Code.
9        (y) Confidential information under the Adult
10    Protective Services Act and its predecessor enabling
11    statute, the Elder Abuse and Neglect Act, including
12    information about the identity and administrative finding
13    against any caregiver of a verified and substantiated
14    decision of abuse, neglect, or financial exploitation of an
15    eligible adult maintained in the Registry established
16    under Section 7.5 of the Adult Protective Services Act.
17        (z) Records and information provided to a fatality
18    review team or the Illinois Fatality Review Team Advisory
19    Council under Section 15 of the Adult Protective Services
20    Act.
21        (aa) Information which is exempted from disclosure
22    under Section 2.37 of the Wildlife Code.
23        (bb) Information which is or was prohibited from
24    disclosure by the Juvenile Court Act of 1987.
25(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
26eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

 

 

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

 

 

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

 

 

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1        (6) Persons engaged in bona fide research, with the
2    permission of the Presiding Judge of the Juvenile Court and
3    the chief executive of the respective law enforcement
4    agency; provided that publication of such research results
5    in no disclosure of a minor's identity and protects the
6    confidentiality of the minor's record.
7        (7) Department of Children and Family Services child
8    protection investigators acting in their official
9    capacity.
10        (8) The appropriate school official only if the agency
11    or officer believes that there is an imminent threat of
12    physical harm to students, school personnel, or others who
13    are present in the school or on school grounds.
14             (A) Inspection and copying shall be limited to law
15        enforcement records transmitted to the appropriate
16        school official or officials whom the school has
17        determined to have a legitimate educational or safety
18        interest by a local law enforcement agency under a
19        reciprocal reporting system established and maintained
20        between the school district and the local law
21        enforcement agency under Section 10-20.14 of the
22        School Code concerning a minor enrolled in a school
23        within the school district who has been arrested or
24        taken into custody for any of the following offenses:
25                (i) any violation of Article 24 of the Criminal
26            Code of 1961 or the Criminal Code of 2012;

 

 

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

 

 

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1        may be referred to in-school or community based social
2        services if those services are available.
3        "Rehabilitation services" may include interventions by
4        school support personnel, evaluation for eligibility
5        for special education, referrals to community-based
6        agencies such as youth services, behavioral healthcare
7        service providers, drug and alcohol prevention or
8        treatment programs, and other interventions as deemed
9        appropriate for the student.
10            (B) Any information provided to appropriate school
11        officials whom the school has determined to have a
12        legitimate educational or safety interest by local law
13        enforcement officials about a minor who is the subject
14        of a current police investigation that is directly
15        related to school safety shall consist of oral
16        information only, and not written law enforcement
17        records, and shall be used solely by the appropriate
18        school official or officials to protect the safety of
19        students and employees in the school and aid in the
20        proper rehabilitation of the child. The information
21        derived orally from the local law enforcement
22        officials shall be kept separate from and shall not
23        become a part of the official school record of the
24        child and shall not be a public record. This limitation
25        on the use of information about a minor who is the
26        subject of a current police investigation shall in no

 

 

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1        way limit the use of this information by prosecutors in
2        pursuing criminal charges arising out of the
3        information disclosed during a police investigation of
4        the minor. For purposes of this paragraph,
5        "investigation" means an official systematic inquiry
6        by a law enforcement agency into actual or suspected
7        criminal activity.
8        (9) Mental health professionals on behalf of the
9    Illinois Department of Corrections or the Department of
10    Human Services or prosecutors who are evaluating,
11    prosecuting, or investigating a potential or actual
12    petition brought under the Sexually Violent Persons
13    Commitment Act relating to a person who is the subject of
14    juvenile law enforcement records or the respondent to a
15    petition brought under the Sexually Violent Persons
16    Commitment Act who is the subject of the juvenile law
17    enforcement records sought. Any records and any
18    information obtained from those records under this
19    paragraph (9) may be used only in sexually violent persons
20    commitment proceedings.
21        (10) 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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1taken into custody before the applicant's 18th birthday.
2    (H) The changes made to this Section by Public Act 98-61
3apply to law enforcement records of a minor who has been
4arrested or taken into custody on or after January 1, 2014 (the
5effective date of Public Act 98-61).
6(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
797-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
81-1-14; 98-756, eff. 7-16-14.)
 
9    (705 ILCS 405/5-905)
10    Sec. 5-905. Law enforcement records.
11    (1) Law Enforcement Records. Inspection and copying of law
12enforcement records maintained by law enforcement agencies
13that relate to a minor who has been investigated, arrested, or
14taken into custody before his or her 18th birthday shall be
15restricted to the following and when necessary for the
16discharge of their official duties:
17        (a) A judge of the circuit court and members of the
18    staff of the court designated by the judge;
19        (b) Law enforcement officers, probation officers or
20    prosecutors or their staff, or, when necessary for the
21    discharge of its official duties in connection with a
22    particular investigation of the conduct of a law
23    enforcement officer, an independent agency or its staff
24    created by ordinance and charged by a unit of local
25    government with the duty of investigating the conduct of

 

 

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

 

 

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

 

 

09900HB3303ham003- 21 -LRB099 05805 JWD 34271 a

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

 

 

09900HB3303ham003- 22 -LRB099 05805 JWD 34271 a

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

 

 

09900HB3303ham003- 23 -LRB099 05805 JWD 34271 a

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

 

 

09900HB3303ham003- 24 -LRB099 05805 JWD 34271 a

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

 

 

09900HB3303ham003- 25 -LRB099 05805 JWD 34271 a

1minor, then the court may order the disclosure of the
2information to the victim or to the parent or legal guardian of
3the victim only for the purpose of the victim pursuing a civil
4remedy against the minor or the minor's parents or legal
5guardian, or both, or to protect the victim's person or
6property from the minor.
7    (7) Nothing contained in this Section shall prohibit law
8enforcement agencies when acting in their official capacity
9from communicating with each other by letter, memorandum,
10teletype or intelligence alert bulletin or other means the
11identity or other relevant information pertaining to a person
12under 18 years of age. The information provided under this
13subsection (7) shall remain confidential and shall not be
14publicly disclosed, except as otherwise allowed by law.
15    (8) No person shall disclose information under this Section
16except when acting in his or her official capacity and as
17provided by law or order of court.
18    (9) The changes made to this Section by Public Act 98-61
19apply to law enforcement records of a minor who has been
20arrested or taken into custody on or after January 1, 2014 (the
21effective date of Public Act 98-61).
22(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
2397-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff.
247-16-14.)".