Public Act 097-1104
 
HB5602 EnrolledLRB097 17841 RLC 63061 b


  
    AN ACT concerning juveniles.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The School Code is amended  by changing Section 
22-20 as follows:
 



    (105 ILCS 5/22-20)  (from Ch. 122, par. 22-20)



    Sec. 22-20. 
All courts and law enforcement agencies of the 
State of
Illinois and its political subdivisions shall report 
to the principal of
any public school in this State whenever a 
child enrolled therein is
detained for proceedings under the 
Juvenile Court Act of 1987, as heretofore
and hereafter 
amended, or for any criminal offense or any violation of a

municipal or county ordinance.  The report shall include the 
basis for
detaining the child, circumstances surrounding the 
events which led to the
child's detention, and status of 
proceedings.  The report shall be updated as
appropriate to 
notify the principal of developments and the disposition of the

matter.

    The information derived thereby shall be kept separate from 
and shall
not become a part of the official school record of 
such child and shall not
be a public record. Such information 
shall be used solely by the appropriate school official or 
officials whom the school has determined to have a legitimate 
educational or safety interest principal,
counselors and 
teachers of the school to aid in the proper rehabilitation
of 
the child and to protect the safety of students and employees 
in the
school.

(Source: P.A. 89-610, eff. 8-6-96.)

 
    Section 10. 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 only if the agency 
    or officer believes that there is an imminent  threat of 
    physical harm to students, school personnel, or others who 
    are present in the school or on school grounds.
              (A) Inspection and copying
shall be limited to law 
        enforcement records transmitted to the appropriate

        school official or officials whom the school has 
        determined to have a legitimate educational or safety 
        interest 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) any violation of Article 24 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; .


            (vi) a violation of Section 1-2 of the Harassing 
        and Obscene Communications Act; 
            (vii) a violation of the Hazing Act; or 
            (viii) a violation of Section 12-1, 12-2, 12-3, 
        12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 
        12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 
        1961. 
            The information derived from the law enforcement 
        records shall be kept separate from and shall not 
        become a part of the official school record of that 
        child and shall not be a public record.  The information 
        shall be used solely by the appropriate school official 
        or officials whom the school has determined to have a 
        legitimate educational or safety interest to aid in the 
        proper rehabilitation of the child and to protect the 
        safety of students and employees in the school. If the 
        designated law enforcement and school officials deem 
        it to be in the best interest of the minor, the student 
        may be referred to in-school or community based social 
        services if those services are available.  
        "Rehabilitation services" may include interventions by 
        school support personnel, evaluation for eligibility 
        for special education, referrals to community-based 
        agencies such as youth services, behavioral healthcare 
        service providers, drug and alcohol prevention or 
        treatment programs, and other interventions as deemed 
        appropriate for the student. 
            (B)  Any information provided to appropriate school 
        officials whom the school has determined to have a 
        legitimate educational or safety interest by local law 
        enforcement officials about a minor who is the subject 
        of a current police investigation that is directly 
        related to school safety shall consist of oral 
        information only, and not written law enforcement 
        records, and shall be used solely by the appropriate 
        school official or officials to protect the safety of 
        students and employees in the school and aid in the 
        proper rehabilitation of the child. The information 
        derived orally from the local law enforcement 
        officials shall be kept separate from and shall not 
        become a part of the official school record of the 
        child and shall not be a public record.  This limitation 
        on the use of information about a minor who is the 
        subject of a current police investigation shall in no 
        way limit the use of this information by prosecutors in 
        pursuing criminal charges arising out of the 
        information disclosed during a police investigation of 
        the minor. For purposes of this paragraph, 
        "investigation" means an official systematic inquiry 
        by a law enforcement agency into actual or suspected 
        criminal activity. 

        (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.


    (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 only if the agency 
    or officer believes that there is an imminent  threat of 
    physical harm to students, school personnel, or others who 
    are present in the school or on school grounds.
              (A) Inspection and copying
shall be limited to law 
        enforcement records transmitted to the appropriate

        school official or officials whom the school has 
        determined to have a legitimate educational or safety 
        interest 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) any violation of Article 24 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; 
            (v) a violation of the Methamphetamine Control and 
        Community Protection Act; 
            (vi) a violation of Section 1-2 of the Harassing 
        and Obscene Communications Act; 
            (vii) a violation of the Hazing Act; or 
            (viii) a violation of Section 12-1, 12-2, 12-3, 
        12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 
        12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 
        1961. 
            The information derived from the law enforcement 
        records shall be kept separate from and shall not 
        become a part of the official school record of that 
        child and shall not be a public record.  The information 
        shall be used solely by the appropriate school official 
        or officials whom the school has determined to have a 
        legitimate educational or safety interest to aid in the 
        proper rehabilitation of the child and to protect the 
        safety of students and employees in the school. If the 
        designated law enforcement and school officials deem 
        it to be in the best interest of the minor, the student 
        may be referred to in-school or community based social 
        services if those services are available.  
        "Rehabilitation services" may include interventions by 
        school support personnel, evaluation for eligibility 
        for special education, referrals to community-based 
        agencies such as youth services, behavioral healthcare 
        service providers, drug and alcohol prevention or 
        treatment programs, and other interventions as deemed 
        appropriate for the student.
            (B) Any information provided to appropriate school 
        officials whom the school has determined to have a 
        legitimate educational or safety interest by local law 
        enforcement officials about a minor who is the subject 
        of a current police investigation that is directly 
        related to school safety shall consist of oral 
        information only, and not written law enforcement 
        records, and shall be used solely by the appropriate 
        school official or officials to protect the safety of 
        students and employees in the school and aid in the 
        proper rehabilitation of the child. The information 
        derived orally from the local law enforcement 
        officials shall be kept separate from and shall not 
        become a part of the official school record of the 
        child and shall not be a public record.  This limitation 
        on the use of information about a minor who is the 
        subject of a current police investigation shall in no 
        way limit the use of this information by prosecutors in 
        pursuing criminal charges arising out of the 
        information disclosed during a police investigation of 
        the minor. For purposes of this paragraph, 
        "investigation" means an official systematic inquiry 
        by a law enforcement agency into actual or suspected 
        criminal activity. offense classified as a felony or a 
        Class A or B misdemeanor. 

    (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.)