Bill Amendment: IL HB3895 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FOIA-SEXUALLY VIOLENT PERSONS

Status: 2015-08-06 - Public Act . . . . . . . . . 99-0298 [HB3895 Detail]

Download: Illinois-2015-HB3895-Senate_Amendment_001.html

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Sen. John M. Sullivan

Filed: 5/15/2015

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AMENDMENT TO HOUSE BILL 3895
AMENDMENT NO. ______. Amend House Bill 3895 as follows:
on page 1, line 5, by replacing "Section 7" with "Sections
2.15, 7, and 7.5"; and
on page 1, below line 5, by inserting the following:
"(5 ILCS 140/2.15)
Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing

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any charges relating to the arrest; (iii) the time and location
of the arrest; (iv) the name of the investigating or arresting
law enforcement agency; (v) if the individual is incarcerated,
the amount of any bail or bond; and (vi) if the individual is
incarcerated, the time and date that the individual was
received into, discharged from, or transferred from the
arresting agency's custody.
(b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection and
copying by the public pursuant to this Act: (i) court records
that are public; (ii) records that are otherwise available
under State or local law; and (iii) records in which the
requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel or
any other person; or (iii) compromise the security of any
correctional facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.

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(Source: P.A. 96-542, eff. 1-1-10.)"; and
on page 14, below line 3, by inserting the following:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions Exemptions. To the extent
provided for by the statutes referenced below, the following
shall be exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.

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(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.

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(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the

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Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Accountability and
Portability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the

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Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from

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disclosure by the Juvenile Court Act of 1987.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
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 investigated, arrested, or taken into custody
before his or her 18th 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

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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

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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

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taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(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 the Criminal
Code of 2012;
(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 or the Criminal Code of 2012.
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

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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

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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.
(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

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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 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 18th
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 18th
birthday for the offense of unlawful use of weapons under
Article 24 of the Criminal Code of 1961 or the Criminal
Code of 2012, a Class X or Class 1 felony, a forcible
felony as defined in Section 2-8 of the Criminal Code of
1961 or the Criminal Code of 2012, or a Class 2 or greater

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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 18th 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 18
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

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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

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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 18 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,

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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 18th birthday.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
1-1-14; 98-756, eff. 7-16-14.)
(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 investigated, arrested, or
taken into custody before his or her 18th 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

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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.

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(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 or the Criminal Code of 2012;
(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 the Criminal
Code of 2012;
(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,

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12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
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

09900HB3895sam001 - 22 - LRB099 10007 MGM 35611 a
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;
(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

09900HB3895sam001 - 23 - LRB099 10007 MGM 35611 a
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

09900HB3895sam001 - 24 - LRB099 10007 MGM 35611 a
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 18
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

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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 18 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.
(9) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff.

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7-16-14.)".