Public Act 097-0700
 
SB3809 EnrolledLRB097 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