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| Public Act 097-0700 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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