Public Act 097-0700
Public Act 0700 97TH GENERAL ASSEMBLY
|
Public Act 097-0700
| | SB3809 Enrolled | LRB097 18921 RLC 64159 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Park District Code is amended by changing | Section 8-23 as follows:
| (70 ILCS 1205/8-23)
| Sec. 8-23. Criminal background investigations.
| (a) An applicant for employment with a park district is | required as
a condition of employment to authorize an | investigation to determine if
the applicant has been convicted | of, or adjudicated a delinquent minor for, any of the | enumerated criminal or drug
offenses in subsection (c) of this | Section or has been
convicted, within 7 years of the | application for employment with the
park district, of any other | felony under the laws of this State or of any
offense committed | or attempted in any other state or against the laws of
the | United States that, if committed or attempted in this State, | would
have been punishable as a felony under the laws of this | State. Authorization
for the
investigation shall be furnished | by the applicant to the park district.
Upon receipt of this | authorization, the park district shall submit the
applicant's | name, sex, race, date of birth, and social security number to
| the Department of State Police on forms prescribed by the |
| Department of
State Police. The Department of State Police | shall conduct a search of the
Illinois criminal history records | database to ascertain if the applicant being considered for
| employment has been convicted of, or adjudicated a delinquent | minor for, committing or attempting to commit any of
the | enumerated criminal or drug
offenses
in subsection (c) of this | Section or
has been convicted of committing or attempting to | commit, within 7 years of
the application for employment with
| the
park district, any other felony under the laws of this | State. The
Department
of
State Police shall charge the park | district a fee for conducting the
investigation, which fee | shall be deposited in the State Police Services
Fund and shall | not exceed the cost of the inquiry. The applicant shall
not be | charged a fee by the park district for the investigation.
| (b) If the search of the Illinois criminal history record | database
indicates that the applicant has been convicted of, or | adjudicated a delinquent minor for, committing or attempting to
| commit any of the enumerated criminal or drug offenses in | subsection (c) or has
been convicted of committing or | attempting to commit, within 7 years of the
application for | employment with the park district, any other felony under the
| laws of this State, the Department of State Police and the | Federal Bureau
of
Investigation shall furnish, pursuant to
a | fingerprint based background check, records
of convictions or | adjudications as a delinquent minor, until expunged, to the
| president of the park district. Any information concerning the |
| record of
convictions or adjudications as a delinquent minor | obtained by the president shall be confidential and may only
be | transmitted to those persons who are necessary to the decision | on whether to
hire the
applicant for employment. A copy of the | record of convictions or adjudications as a delinquent minor | obtained
from the Department of State Police shall be provided | to the applicant for
employment. Any person who releases any | confidential information
concerning any criminal convictions | or adjudications as a delinquent minor of an applicant for | employment shall
be guilty of a Class A misdemeanor, unless the | release of such
information is authorized by this Section.
| (c) No park district shall knowingly employ a person who | has been
convicted, or adjudicated a delinquent minor, for | committing attempted first degree murder or
for committing
or | attempting to commit first degree murder, a Class X felony, or | any
one or more of the following offenses: (i) those defined in | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
| 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961; (ii) | those defined in the Cannabis Control Act,
except those defined | in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
| defined in the Illinois Controlled Substances Act; (iv) those | defined in the Methamphetamine Control and Community | Protection Act; and (v) any offense
committed or attempted in |
| any other state or against the laws of the
United States, | which, if committed or attempted in this State, would have
been | punishable as one or more of the foregoing offenses. Further, | no
park district shall knowingly employ a person who has been | found to be
the perpetrator of sexual or physical abuse of any | minor under 18 years
of age pursuant to proceedings under | Article II of the Juvenile Court Act
of 1987. No park district | shall knowingly employ a person for whom a
criminal background | investigation has not been initiated.
| (Source: P.A. 96-1551, eff. 7-1-11.)
| Section 10. The Chicago Park District Act is amended by | changing Section 16a-5 as follows:
| (70 ILCS 1505/16a-5)
| Sec. 16a-5. Criminal background investigations.
| (a) An applicant for employment with the Chicago Park | District is
required as a condition of employment to authorize | an investigation to
determine if the applicant has been | convicted of, or adjudicated a delinquent minor for, any of the | enumerated criminal
or drug
offenses in subsection (c) of this | Section
or has been convicted, within 7 years of the | application for employment with
the Chicago Park District, of | any other felony under the laws of this State or
of any
offense | committed or attempted in any other state or against the laws | of
the United States that, if committed or attempted in this |
| State, would
have been punishable as a felony under the laws of | this State. Authorization
for the investigation shall be | furnished by the applicant to the Chicago
Park District. Upon | receipt of this authorization, the Chicago Park
District shall | submit the applicant's name, sex, race, date of birth, and
| social security number to the Department of State Police on | forms
prescribed by the Department of State Police. The | Department of State
Police shall conduct a search of the | Illinois criminal history record
information database to | ascertain if the applicant being
considered for employment has | been convicted of, or adjudicated a delinquent minor for, | committing or attempting to
commit any of the enumerated | criminal
or drug
offenses in subsection (c) of this Section or | has been
convicted, of committing or attempting to commit | within 7 years of the
application for employment with the
| Chicago Park District, any other felony under the laws of this | State. The
Department of State Police shall charge the Chicago | Park District a fee
for conducting the investigation, which fee | shall be deposited in the State
Police Services Fund and shall | not exceed the cost of the inquiry. The
applicant shall not be | charged a fee by the Chicago Park District for the
| investigation.
| (b) If the search of the Illinois criminal history record | database
indicates that the applicant has been convicted of, or | adjudicated a delinquent minor for, committing or attempting to
| commit any of the enumerated criminal or drug offenses in |
| subsection (c) or has
been convicted of committing or | attempting to commit, within 7 years of the
application for | employment with the Chicago Park District, any other felony
| under the laws of this State, the Department of State Police | and the
Federal Bureau of
Investigation shall furnish, pursuant | to
a fingerprint based background check, records
of convictions | or adjudications as a delinquent minor, until expunged, to the
| General Superintendent and Chief Executive Officer of the | Chicago Park
District. Any information concerning the
record of | convictions or adjudications as a delinquent minor obtained by | the General Superintendent and Chief
Executive Officer shall be | confidential and
may only be transmitted to those persons who | are necessary to the decision on
whether to hire the applicant | for employment. A copy of the record of
convictions or | adjudications as a delinquent minor
obtained from the | Department of State Police shall be provided to the
applicant | for employment. Any person who releases any confidential
| information concerning any criminal convictions or | adjudications as a delinquent minor of an applicant for
| employment shall be guilty of a Class A misdemeanor, unless the | release
of such information is authorized by this Section.
| (c) The Chicago Park District may not knowingly employ a | person
who has been convicted, or adjudicated a delinquent | minor, for committing attempted first degree murder
or for | committing or attempting to commit first degree murder, a Class | X felony,
or
any one or more of the following offenses: (i) |
| those defined in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | 11-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, | 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of | 1961; (ii) those defined in the
Cannabis Control Act, except | those defined in Sections 4(a), 4(b), and
5(a) of that Act; | (iii) those defined in the Illinois Controlled Substances
Act; | (iv) those defined in the Methamphetamine Control and Community | Protection Act; and (v) any offense committed or attempted in | any
other state or
against the laws of the United States, | which, if committed or attempted in
this State, would have been | punishable as one or more of the foregoing
offenses. Further, | the Chicago Park District may not knowingly employ a
person who | has been found to be the perpetrator of sexual or physical
| abuse of any minor under 18 years of age pursuant to | proceedings under
Article II of the Juvenile Court Act of 1987. | The Chicago Park District
may not knowingly employ a person for | whom a criminal background
investigation has not been | initiated.
| (Source: P.A. 96-1551, eff. 7-1-11.)
| Section 15. The Juvenile Court Act of 1987 is amended by | changing Sections 1-7 and 5-905 as follows:
| (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
|
| Sec. 1-7. Confidentiality of law enforcement records.
| (A) Inspection and copying of law enforcement records | maintained by law
enforcement agencies that relate to a minor | who has been arrested or taken
into custody before his or her | 17th birthday shall be restricted to the
following:
| (1) Any local, State or federal law enforcement | officers of any
jurisdiction or agency when necessary for | the discharge of their official
duties during the | investigation or prosecution of a crime or relating to a
| minor who has been adjudicated delinquent and there has | been a previous finding
that the act which constitutes the | previous offense was committed in
furtherance of criminal | activities by a criminal street gang, or, when necessary | for the discharge of its official duties in connection with | a particular investigation of the conduct of a law | enforcement officer, an independent agency or its staff | created by ordinance and charged by a unit of local | government with the duty of investigating the conduct of | law enforcement officers. For purposes of
this Section, | "criminal street gang" has the meaning ascribed to it in
| Section 10 of the Illinois Streetgang Terrorism Omnibus | Prevention Act.
| (2) Prosecutors, probation officers, social workers, | or other
individuals assigned by the court to conduct a | pre-adjudication or
pre-disposition investigation, and | individuals responsible for supervising
or providing |
| temporary or permanent care and custody for minors pursuant | to
the order of the juvenile court, when essential to | performing their
responsibilities.
| (3) Prosecutors and probation officers:
| (a) in the course of a trial when institution of | criminal proceedings
has been permitted or required | under Section 5-805; or
| (b) when institution of criminal proceedings has | been permitted or required under Section 5-805 and such | minor is the
subject
of a proceeding to determine the | amount of bail; or
| (c) when criminal proceedings have been permitted
| or
required under Section 5-805 and such minor is the | subject of a
pre-trial
investigation, pre-sentence | investigation, fitness hearing, or proceedings
on an | application for probation.
| (4) Adult and Juvenile Prisoner Review Board.
| (5) Authorized military personnel.
| (6) Persons engaged in bona fide research, with the | permission of the
Presiding Judge of the Juvenile Court and | the chief executive of the respective
law enforcement | agency; provided that publication of such research results
| in no disclosure of a minor's identity and protects the | confidentiality
of the minor's record.
| (7) Department of Children and Family Services child | protection
investigators acting in their official |
| capacity.
| (8) The appropriate school official. Inspection and | copying
shall be limited to law enforcement records | transmitted to the appropriate
school official by a local | law enforcement agency under a reciprocal reporting
system | established and maintained between the school district and | the local law
enforcement agency under Section 10-20.14 of | the School Code concerning a minor
enrolled in a school | within the school district who has been arrested or taken
| into custody for any of the following offenses:
| (i) unlawful use of weapons under Section 24-1 of | the Criminal Code of
1961;
| (ii) a violation of the Illinois Controlled | Substances Act;
| (iii) a violation of the Cannabis Control Act;
| (iv) a forcible felony as defined in Section 2-8 of | the Criminal Code
of 1961; or | (v) a violation of the Methamphetamine Control and | Community Protection Act.
| (9) Mental health professionals on behalf of the | Illinois Department of
Corrections or the Department of | Human Services or prosecutors who are
evaluating, | prosecuting, or investigating a potential or actual | petition
brought
under the Sexually Violent Persons | Commitment Act relating to a person who is
the
subject of | juvenile law enforcement records or the respondent to a |
| petition
brought under the Sexually Violent Persons | Commitment Act who is the subject of
the
juvenile law | enforcement records sought.
Any records and any | information obtained from those records under this
| paragraph (9) may be used only in sexually violent persons | commitment
proceedings. | (10) The president of a park district. Inspection and | copying shall be limited to law enforcement records | transmitted to the president of the park district by the | Illinois State Police under Section 8-23 of the Park | District Code or Section 16a-5 of the Chicago Park District | Act concerning a person who is seeking employment with that | park district and who has been adjudicated a juvenile | delinquent for any of the offenses listed in subsection (c) | of Section 8-23 of the Park District Code or subsection (c) | of Section 16a-5 of the Chicago Park District Act.
| (B) (1) Except as provided in paragraph (2), no law | enforcement
officer or other person or agency may knowingly | transmit to the Department of
Corrections, Adult Division | or the Department of State Police or to the Federal
Bureau | of Investigation any fingerprint or photograph relating to | a minor who
has been arrested or taken into custody before | his or her 17th birthday,
unless the court in proceedings | under this Act authorizes the transmission or
enters an | order under Section 5-805 permitting or requiring the
| institution of
criminal proceedings.
|
| (2) Law enforcement officers or other persons or | agencies shall transmit
to the Department of State Police | copies of fingerprints and descriptions
of all minors who | have been arrested or taken into custody before their
17th | birthday for the offense of unlawful use of weapons under | Article 24 of
the Criminal Code of 1961, a Class X or Class | 1 felony, a forcible felony as
defined in Section 2-8 of | the Criminal Code of 1961, or a Class 2 or greater
felony | under the Cannabis Control Act, the Illinois Controlled | Substances Act, the Methamphetamine Control and Community | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | pursuant to Section 5 of the
Criminal Identification Act. | Information reported to the Department pursuant
to this | Section may be maintained with records that the Department | files
pursuant to Section 2.1 of the Criminal | Identification Act. Nothing in this
Act prohibits a law | enforcement agency from fingerprinting a minor taken into
| custody or arrested before his or her 17th birthday for an | offense other than
those listed in this paragraph (2).
| (C) The records of law enforcement officers, or of an | independent agency created by ordinance and charged by a unit | of local government with the duty of investigating the conduct | of law enforcement officers, concerning all minors under
17 | years of age must be maintained separate from the records of | arrests and
may not be open to public inspection or their | contents disclosed to the
public except by order of the court |
| presiding over matters pursuant to this Act or when the | institution of criminal
proceedings has been permitted or | required under Section
5-805 or such a person has been | convicted of a crime and is the
subject of
pre-sentence | investigation or proceedings on an application for probation
or | when provided by law. For purposes of obtaining documents | pursuant to this Section, a civil subpoena is not an order of | the court. | (1) In cases where the law enforcement, or independent | agency, records concern a pending juvenile court case, the | party seeking to inspect the records shall provide actual | notice to the attorney or guardian ad litem of the minor | whose records are sought. | (2) In cases where the records concern a juvenile court | case that is no longer pending, the party seeking to | inspect the records shall provide actual notice to the | minor or the minor's parent or legal guardian, and the | matter shall be referred to the chief judge presiding over | matters pursuant to this Act. | (3) In determining whether the records should be | available for inspection, the court shall consider the | minor's interest in confidentiality and rehabilitation | over the moving party's interest in obtaining the | information. Any records obtained in violation of this | subsection (C) shall not be admissible in any criminal or | civil proceeding, or operate to disqualify a minor from |
| subsequently holding public office or securing employment, | or operate as a forfeiture of any public benefit, right, | privilege, or right to receive any license granted by | public authority.
| (D) Nothing contained in subsection (C) of this Section | shall prohibit
the inspection or disclosure to victims and | witnesses of photographs
contained in the records of law | enforcement agencies when the
inspection and disclosure is | conducted in the presence of a law enforcement
officer for the | purpose of the identification or apprehension of any person
| subject to the provisions of this Act or for the investigation | or
prosecution of any crime.
| (E) Law enforcement officers, and personnel of an | independent agency created by ordinance and charged by a unit | of local government with the duty of investigating the conduct | of law enforcement officers, may not disclose the identity of | any minor
in releasing information to the general public as to | the arrest, investigation
or disposition of any case involving | a minor.
| (F) Nothing contained in this Section shall prohibit law | enforcement
agencies from communicating with each other by | letter, memorandum, teletype or
intelligence alert bulletin or | other means the identity or other relevant
information | pertaining to a person under 17 years of age if there are
| reasonable grounds to believe that the person poses a real and | present danger
to the safety of the public or law enforcement |
| officers. The information
provided under this subsection (F) | shall remain confidential and shall not
be publicly disclosed, | except as otherwise allowed by law.
| (G) Nothing in this Section shall prohibit the right of a | Civil Service
Commission or appointing authority of any state, | county or municipality
examining the character and fitness of | an applicant for employment with a law
enforcement agency, | correctional institution, or fire department
from obtaining | and examining the
records of any law enforcement agency | relating to any record of the applicant
having been arrested or | taken into custody before the applicant's 17th
birthday.
| (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| (705 ILCS 405/5-905)
| Sec. 5-905. Law enforcement records.
| (1) Law Enforcement Records.
Inspection and copying of law | enforcement records maintained by law enforcement
agencies | that relate to a minor who has been arrested or taken into | custody
before his or her 17th birthday shall be restricted to | the following and when
necessary for the discharge of their | official duties:
| (a) A judge of the circuit court and members of the | staff of the court
designated by the judge;
| (b) Law enforcement officers, probation officers or | prosecutors or their
staff, or, when necessary for the | discharge of its official duties in connection with a |
| particular investigation of the conduct of a law | enforcement officer, an independent agency or its staff | created by ordinance and charged by a unit of local | government with the duty of investigating the conduct of | law enforcement officers;
| (c) The minor, the minor's parents or legal guardian | and their attorneys,
but only when the juvenile has been | charged with an offense;
| (d) Adult and Juvenile Prisoner Review Boards;
| (e) Authorized military personnel;
| (f) Persons engaged in bona fide research, with the | permission of the
judge of juvenile court and the chief | executive of the agency that prepared the
particular | recording: provided that publication of such research | results in no
disclosure of a minor's identity and protects | the confidentiality of the
record;
| (g) Individuals responsible for supervising or | providing temporary or
permanent care and custody of minors | pursuant to orders of the juvenile court
or directives from | officials of the Department of Children and Family
Services | or the Department of Human Services who certify in writing | that the
information will not be disclosed to any other | party except as provided under
law or order of court;
| (h) The appropriate school official. Inspection and | copying
shall be limited to law enforcement records | transmitted to the appropriate
school official by a local |
| law enforcement agency under a reciprocal reporting
system | established and maintained between the school district and | the local law
enforcement agency under Section 10-20.14 of | the School Code concerning a minor
enrolled in a school | within the school district who has been arrested
for any | offense classified as a felony or a Class A or B | misdemeanor. | (i) The president of a park district. Inspection and | copying shall be limited to law enforcement records | transmitted to the president of the park district by the | Illinois State Police under Section 8-23 of the Park | District Code or Section 16a-5 of the Chicago Park District | Act concerning a person who is seeking employment with that | park district and who has been adjudicated a juvenile | delinquent for any of the offenses listed in subsection (c) | of Section 8-23 of the Park District Code or subsection (c) | of Section 16a-5 of the Chicago Park District Act.
| (2) Information identifying victims and alleged victims of | sex offenses,
shall not be disclosed or open to public | inspection under any circumstances.
Nothing in this Section | shall prohibit the victim or alleged victim of any sex
offense | from voluntarily disclosing his or her identity.
| (2.5) If the minor is a victim of aggravated battery, | battery, attempted first degree murder, or other non-sexual | violent offense, the identity of the victim may be disclosed to | appropriate school officials, for the purpose of preventing |
| foreseeable future violence involving minors, by a local law | enforcement agency pursuant to an agreement established | between the school district and a local law enforcement agency | subject to the approval by the presiding judge of the juvenile | court. | (3) Relevant information, reports and records shall be made | available to the
Department of Juvenile Justice when a juvenile | offender has been placed in the
custody of the Department of | Juvenile Justice.
| (4) Nothing in this Section shall prohibit the inspection | or disclosure to
victims and witnesses of photographs contained | in the records of law
enforcement agencies when the inspection | or disclosure is conducted in the
presence of a law enforcement | officer for purposes of identification or
apprehension of any | person in the course of any criminal investigation or
| prosecution.
| (5) The records of law enforcement officers, or of an | independent agency created by ordinance and charged by a unit | of local government with the duty of investigating the conduct | of law enforcement officers, concerning all minors under
17 | years of age must be maintained separate from the records of | adults and
may not be open to public inspection or their | contents disclosed to the
public except by order of the court | or when the institution of criminal
proceedings has been | permitted under Section 5-130 or 5-805 or required
under | Section
5-130 or 5-805 or such a person has been convicted of a |
| crime and is the
subject of
pre-sentence investigation or when | provided by law.
| (6) Except as otherwise provided in this subsection (6), | law enforcement
officers, and personnel of an independent | agency created by ordinance and charged by a unit of local | government with the duty of investigating the conduct of law | enforcement officers, may not disclose the identity of any | minor
in releasing information to the general public as to the | arrest, investigation
or disposition of any case involving a | minor.
Any victim or parent or legal guardian of a victim may | petition the court to
disclose the name and address of the | minor and the minor's parents or legal
guardian, or both. Upon | a finding by clear and convincing evidence that the
disclosure | is either necessary for the victim to pursue a civil remedy | against
the minor or the minor's parents or legal guardian, or | both, or to protect the
victim's person or property from the | minor, then the court may order the
disclosure of the | information to the victim or to the parent or legal guardian
of | the victim only for the purpose of the victim pursuing a civil | remedy
against the minor or the minor's parents or legal | guardian, or both, or to
protect the victim's person or | property from the minor.
| (7) Nothing contained in this Section shall prohibit law | enforcement
agencies when acting in their official capacity | from communicating with each
other by letter, memorandum, | teletype or
intelligence alert bulletin or other means the |
| identity or other relevant
information pertaining to a person | under 17 years of age. The information
provided under this | subsection (7) shall remain confidential and shall not
be | publicly disclosed, except as otherwise allowed by law.
| (8) No person shall disclose information under this Section | except when
acting in his or her official capacity and as | provided by law or order of
court.
| (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 6/22/2012
|
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