Bill Text: IL HB3303 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Freedom of Information Act. Provides that law enforcement records relating to a juvenile victim or defendant remain permanently exempt from inspection and copying. Provides that all other records shall be made available for inspection and copying after a period of 5 years from the date the record is created, unless the record is otherwise exempt from inspection and copying under another provision of the Act. Exempts from disclosure information or materials that the disclosure of which would violate a Supreme Court Rule. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Enrolled - Dead) 2016-12-29 - Sent to the Governor [HB3303 Detail]
Download: Illinois-2015-HB3303-Engrossed.html
Bill Title: Amends the Freedom of Information Act. Provides that law enforcement records relating to a juvenile victim or defendant remain permanently exempt from inspection and copying. Provides that all other records shall be made available for inspection and copying after a period of 5 years from the date the record is created, unless the record is otherwise exempt from inspection and copying under another provision of the Act. Exempts from disclosure information or materials that the disclosure of which would violate a Supreme Court Rule. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Enrolled - Dead) 2016-12-29 - Sent to the Governor [HB3303 Detail]
Download: Illinois-2015-HB3303-Engrossed.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Sections 2.15 and 7.5 as follows:
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6 | (5 ILCS 140/2.15)
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7 | Sec. 2.15. Arrest reports and criminal history records. | ||||||
8 | (a) Arrest reports. The following chronologically | ||||||
9 | maintained arrest and criminal history information maintained | ||||||
10 | by State or local criminal justice agencies shall be furnished | ||||||
11 | as soon as practical, but in no event later than 72 hours after | ||||||
12 | the arrest, notwithstanding the time limits otherwise provided | ||||||
13 | for in Section 3 of this Act: (i) information that identifies | ||||||
14 | the individual, including the name, age, address, and | ||||||
15 | photograph, when and if available; (ii) information detailing | ||||||
16 | any charges relating to the arrest; (iii) the time and location | ||||||
17 | of the arrest; (iv) the name of the investigating or arresting | ||||||
18 | law enforcement agency; (v) if the individual is incarcerated, | ||||||
19 | the amount of any bail or bond; and (vi) if the individual is | ||||||
20 | incarcerated, the time and date that the individual was | ||||||
21 | received into, discharged from, or transferred from the | ||||||
22 | arresting agency's custody. | ||||||
23 | (b) Criminal history records. The following documents |
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1 | maintained by a public body pertaining to
criminal history | ||||||
2 | record information are public records subject to inspection and | ||||||
3 | copying by the
public pursuant to this Act: (i) court records | ||||||
4 | that are public; (ii) records that are otherwise
available | ||||||
5 | under State or local law; and (iii) records in which the | ||||||
6 | requesting party is the individual
identified, except as | ||||||
7 | provided under Section 7(1)(d)(vi). | ||||||
8 | (c) Information described in items (iii) through (vi) of | ||||||
9 | subsection (a) may be withheld if it is
determined that | ||||||
10 | disclosure would: (i) interfere with pending or actually and | ||||||
11 | reasonably contemplated law enforcement proceedings conducted | ||||||
12 | by any law enforcement agency; (ii) endanger the life or | ||||||
13 | physical safety of law enforcement or correctional personnel or | ||||||
14 | any other person; or (iii) compromise the security of any | ||||||
15 | correctional facility. | ||||||
16 | (d) The provisions of this Section do not supersede the | ||||||
17 | confidentiality provisions for law enforcement or arrest | ||||||
18 | records of the Juvenile Court Act of 1987.
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19 | (Source: P.A. 96-542, eff. 1-1-10.)
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20 | (5 ILCS 140/7.5) | ||||||
21 | Sec. 7.5. Statutory exemptions Exemptions . To the extent | ||||||
22 | provided for by the statutes referenced below, the following | ||||||
23 | shall be exempt from inspection and copying: | ||||||
24 | (a) All information determined to be confidential | ||||||
25 | under Section 4002 of the Technology Advancement and |
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1 | Development Act. | ||||||
2 | (b) Library circulation and order records identifying | ||||||
3 | library users with specific materials under the Library | ||||||
4 | Records Confidentiality Act. | ||||||
5 | (c) Applications, related documents, and medical | ||||||
6 | records received by the Experimental Organ Transplantation | ||||||
7 | Procedures Board and any and all documents or other records | ||||||
8 | prepared by the Experimental Organ Transplantation | ||||||
9 | Procedures Board or its staff relating to applications it | ||||||
10 | has received. | ||||||
11 | (d) Information and records held by the Department of | ||||||
12 | Public Health and its authorized representatives relating | ||||||
13 | to known or suspected cases of sexually transmissible | ||||||
14 | disease or any information the disclosure of which is | ||||||
15 | restricted under the Illinois Sexually Transmissible | ||||||
16 | Disease Control Act. | ||||||
17 | (e) Information the disclosure of which is exempted | ||||||
18 | under Section 30 of the Radon Industry Licensing Act. | ||||||
19 | (f) Firm performance evaluations under Section 55 of | ||||||
20 | the Architectural, Engineering, and Land Surveying | ||||||
21 | Qualifications Based Selection Act. | ||||||
22 | (g) Information the disclosure of which is restricted | ||||||
23 | and exempted under Section 50 of the Illinois Prepaid | ||||||
24 | Tuition Act. | ||||||
25 | (h) Information the disclosure of which is exempted | ||||||
26 | under the State Officials and Employees Ethics Act, and |
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1 | records of any lawfully created State or local inspector | ||||||
2 | general's office that would be exempt if created or | ||||||
3 | obtained by an Executive Inspector General's office under | ||||||
4 | that Act. | ||||||
5 | (i) Information contained in a local emergency energy | ||||||
6 | plan submitted to a municipality in accordance with a local | ||||||
7 | emergency energy plan ordinance that is adopted under | ||||||
8 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
9 | (j) Information and data concerning the distribution | ||||||
10 | of surcharge moneys collected and remitted by wireless | ||||||
11 | carriers under the Wireless Emergency Telephone Safety | ||||||
12 | Act. | ||||||
13 | (k) Law enforcement officer identification information | ||||||
14 | or driver identification information compiled by a law | ||||||
15 | enforcement agency or the Department of Transportation | ||||||
16 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
17 | (l) Records and information provided to a residential | ||||||
18 | health care facility resident sexual assault and death | ||||||
19 | review team or the Executive Council under the Abuse | ||||||
20 | Prevention Review Team Act. | ||||||
21 | (m) Information provided to the predatory lending | ||||||
22 | database created pursuant to Article 3 of the Residential | ||||||
23 | Real Property Disclosure Act, except to the extent | ||||||
24 | authorized under that Article. | ||||||
25 | (n) Defense budgets and petitions for certification of | ||||||
26 | compensation and expenses for court appointed trial |
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1 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
2 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
3 | until the conclusion of the trial of the case, even if the | ||||||
4 | prosecution chooses not to pursue the death penalty prior | ||||||
5 | to trial or sentencing. | ||||||
6 | (o) Information that is prohibited from being | ||||||
7 | disclosed under Section 4 of the Illinois Health and | ||||||
8 | Hazardous Substances Registry Act. | ||||||
9 | (p) Security portions of system safety program plans, | ||||||
10 | investigation reports, surveys, schedules, lists, data, or | ||||||
11 | information compiled, collected, or prepared by or for the | ||||||
12 | Regional Transportation Authority under Section 2.11 of | ||||||
13 | the Regional Transportation Authority Act or the St. Clair | ||||||
14 | County Transit District under the Bi-State Transit Safety | ||||||
15 | Act. | ||||||
16 | (q) Information prohibited from being disclosed by the | ||||||
17 | Personnel Records Review Act. | ||||||
18 | (r) Information prohibited from being disclosed by the | ||||||
19 | Illinois School Student Records Act. | ||||||
20 | (s) Information the disclosure of which is restricted | ||||||
21 | under Section 5-108 of the Public Utilities Act.
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22 | (t) All identified or deidentified health information | ||||||
23 | in the form of health data or medical records contained in, | ||||||
24 | stored in, submitted to, transferred by, or released from | ||||||
25 | the Illinois Health Information Exchange, and identified | ||||||
26 | or deidentified health information in the form of health |
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1 | data and medical records of the Illinois Health Information | ||||||
2 | Exchange in the possession of the Illinois Health | ||||||
3 | Information Exchange Authority due to its administration | ||||||
4 | of the Illinois Health Information Exchange. The terms | ||||||
5 | "identified" and "deidentified" shall be given the same | ||||||
6 | meaning as in the Health Insurance Accountability and | ||||||
7 | Portability Act of 1996, Public Law 104-191, or any | ||||||
8 | subsequent amendments thereto, and any regulations | ||||||
9 | promulgated thereunder. | ||||||
10 | (u) Records and information provided to an independent | ||||||
11 | team of experts under Brian's Law. | ||||||
12 | (v) Names and information of people who have applied | ||||||
13 | for or received Firearm Owner's Identification Cards under | ||||||
14 | the Firearm Owners Identification Card Act or applied for | ||||||
15 | or received a concealed carry license under the Firearm | ||||||
16 | Concealed Carry Act, unless otherwise authorized by the | ||||||
17 | Firearm Concealed Carry Act; and databases under the | ||||||
18 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
19 | Licensing Review Board under the Firearm Concealed Carry | ||||||
20 | Act, and law enforcement agency objections under the | ||||||
21 | Firearm Concealed Carry Act. | ||||||
22 | (w) Personally identifiable information which is | ||||||
23 | exempted from disclosure under subsection (g) of Section | ||||||
24 | 19.1 of the Toll Highway Act. | ||||||
25 | (x) Information which is exempted from disclosure | ||||||
26 | under Section 5-1014.3 of the Counties Code or Section |
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1 | 8-11-21 of the Illinois Municipal Code. | ||||||
2 | (y) Confidential information under the Adult | ||||||
3 | Protective Services Act and its predecessor enabling | ||||||
4 | statute, the Elder Abuse and Neglect Act, including | ||||||
5 | information about the identity and administrative finding | ||||||
6 | against any caregiver of a verified and substantiated | ||||||
7 | decision of abuse, neglect, or financial exploitation of an | ||||||
8 | eligible adult maintained in the Registry established | ||||||
9 | under Section 7.5 of the Adult Protective Services Act . | ||||||
10 | (z) Records and information provided to a fatality | ||||||
11 | review team or the Illinois Fatality Review Team Advisory | ||||||
12 | Council under Section 15 of the Adult Protective Services | ||||||
13 | Act. | ||||||
14 | (aa) Information which is exempted from disclosure | ||||||
15 | under Section 2.37 of the Wildlife Code. | ||||||
16 | (bb) Information which is or was prohibited from | ||||||
17 | disclosure by the Juvenile Court Act of 1987. | ||||||
18 | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||||||
19 | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | ||||||
20 | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, | ||||||
21 | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
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22 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
23 | changing Sections 1-7 and 5-905 as follows:
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24 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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1 | Sec. 1-7. Confidentiality of law enforcement records.
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2 | (A) Inspection and copying of law enforcement records | ||||||
3 | maintained by law
enforcement agencies that relate to a minor | ||||||
4 | who has been investigated, arrested , or taken
into custody | ||||||
5 | before his or her 18th birthday shall be restricted to the
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6 | following:
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7 | (1) Any local, State or federal law enforcement | ||||||
8 | officers of any
jurisdiction or agency when necessary for | ||||||
9 | the discharge of their official
duties during the | ||||||
10 | investigation or prosecution of a crime or relating to a
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11 | minor who has been adjudicated delinquent and there has | ||||||
12 | been a previous finding
that the act which constitutes the | ||||||
13 | previous offense was committed in
furtherance of criminal | ||||||
14 | activities by a criminal street gang, or, when necessary | ||||||
15 | for the discharge of its official duties in connection with | ||||||
16 | a particular investigation of the conduct of a law | ||||||
17 | enforcement officer, an independent agency or its staff | ||||||
18 | created by ordinance and charged by a unit of local | ||||||
19 | government with the duty of investigating the conduct of | ||||||
20 | law enforcement officers. For purposes of
this Section, | ||||||
21 | "criminal street gang" has the meaning ascribed to it in
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22 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
23 | Prevention Act.
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24 | (2) Prosecutors, probation officers, social workers, | ||||||
25 | or other
individuals assigned by the court to conduct a | ||||||
26 | pre-adjudication or
pre-disposition investigation, and |
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1 | individuals responsible for supervising
or providing | ||||||
2 | temporary or permanent care and custody for minors pursuant | ||||||
3 | to
the order of the juvenile court, when essential to | ||||||
4 | performing their
responsibilities.
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5 | (3) Prosecutors and probation officers:
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6 | (a) in the course of a trial when institution of | ||||||
7 | criminal proceedings
has been permitted or required | ||||||
8 | under Section 5-805; or
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9 | (b) when institution of criminal proceedings has | ||||||
10 | been permitted or required under Section 5-805 and such | ||||||
11 | minor is the
subject
of a proceeding to determine the | ||||||
12 | amount of bail; or
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13 | (c) when criminal proceedings have been permitted
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14 | or
required under Section 5-805 and such minor is the | ||||||
15 | subject of a
pre-trial
investigation, pre-sentence | ||||||
16 | investigation, fitness hearing, or proceedings
on an | ||||||
17 | application for probation.
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18 | (4) Adult and Juvenile Prisoner Review Board.
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19 | (5) Authorized military personnel.
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20 | (6) Persons engaged in bona fide research, with the | ||||||
21 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
22 | the chief executive of the respective
law enforcement | ||||||
23 | agency; provided that publication of such research results
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24 | in no disclosure of a minor's identity and protects the | ||||||
25 | confidentiality
of the minor's record.
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26 | (7) Department of Children and Family Services child |
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1 | protection
investigators acting in their official | ||||||
2 | capacity.
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3 | (8) The appropriate school official only if the agency | ||||||
4 | or officer believes that there is an imminent threat of | ||||||
5 | physical harm to students, school personnel, or others who | ||||||
6 | are present in the school or on school grounds. | ||||||
7 | (A) Inspection and copying
shall be limited to law | ||||||
8 | enforcement records transmitted to the appropriate
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9 | school official or officials whom the school has | ||||||
10 | determined to have a legitimate educational or safety | ||||||
11 | interest by a local law enforcement agency under a | ||||||
12 | reciprocal reporting
system established and maintained | ||||||
13 | between the school district and the local law
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14 | enforcement agency under Section 10-20.14 of the | ||||||
15 | School Code concerning a minor
enrolled in a school | ||||||
16 | within the school district who has been arrested or | ||||||
17 | taken
into custody for any of the following offenses:
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18 | (i) any violation of Article 24 of the Criminal | ||||||
19 | Code of
1961 or the Criminal Code of 2012;
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20 | (ii) a violation of the Illinois Controlled | ||||||
21 | Substances Act;
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22 | (iii) a violation of the Cannabis Control Act;
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23 | (iv) a forcible felony as defined in Section | ||||||
24 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
25 | Code of 2012; | ||||||
26 | (v) a violation of the Methamphetamine Control |
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1 | and Community Protection Act;
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2 | (vi) a violation of Section 1-2 of the | ||||||
3 | Harassing and Obscene Communications Act; | ||||||
4 | (vii) a violation of the Hazing Act; or | ||||||
5 | (viii) a violation of Section 12-1, 12-2, | ||||||
6 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
7 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
9 | The information derived from the law enforcement | ||||||
10 | records shall be kept separate from and shall not | ||||||
11 | become a part of the official school record of that | ||||||
12 | child and shall not be a public record. The information | ||||||
13 | shall be used solely by the appropriate school official | ||||||
14 | or officials whom the school has determined to have a | ||||||
15 | legitimate educational or safety interest to aid in the | ||||||
16 | proper rehabilitation of the child and to protect the | ||||||
17 | safety of students and employees in the school. If the | ||||||
18 | designated law enforcement and school officials deem | ||||||
19 | it to be in the best interest of the minor, the student | ||||||
20 | may be referred to in-school or community based social | ||||||
21 | services if those services are available. | ||||||
22 | "Rehabilitation services" may include interventions by | ||||||
23 | school support personnel, evaluation for eligibility | ||||||
24 | for special education, referrals to community-based | ||||||
25 | agencies such as youth services, behavioral healthcare | ||||||
26 | service providers, drug and alcohol prevention or |
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1 | treatment programs, and other interventions as deemed | ||||||
2 | appropriate for the student. | ||||||
3 | (B) Any information provided to appropriate school | ||||||
4 | officials whom the school has determined to have a | ||||||
5 | legitimate educational or safety interest by local law | ||||||
6 | enforcement officials about a minor who is the subject | ||||||
7 | of a current police investigation that is directly | ||||||
8 | related to school safety shall consist of oral | ||||||
9 | information only, and not written law enforcement | ||||||
10 | records, and shall be used solely by the appropriate | ||||||
11 | school official or officials to protect the safety of | ||||||
12 | students and employees in the school and aid in the | ||||||
13 | proper rehabilitation of the child. The information | ||||||
14 | derived orally from the local law enforcement | ||||||
15 | officials shall be kept separate from and shall not | ||||||
16 | become a part of the official school record of the | ||||||
17 | child and shall not be a public record. This limitation | ||||||
18 | on the use of information about a minor who is the | ||||||
19 | subject of a current police investigation shall in no | ||||||
20 | way limit the use of this information by prosecutors in | ||||||
21 | pursuing criminal charges arising out of the | ||||||
22 | information disclosed during a police investigation of | ||||||
23 | the minor. For purposes of this paragraph, | ||||||
24 | "investigation" means an official systematic inquiry | ||||||
25 | by a law enforcement agency into actual or suspected | ||||||
26 | criminal activity.
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1 | (9) Mental health professionals on behalf of the | ||||||
2 | Illinois Department of
Corrections or the Department of | ||||||
3 | Human Services or prosecutors who are
evaluating, | ||||||
4 | prosecuting, or investigating a potential or actual | ||||||
5 | petition
brought
under the Sexually Violent Persons | ||||||
6 | Commitment Act relating to a person who is
the
subject of | ||||||
7 | juvenile law enforcement records or the respondent to a | ||||||
8 | petition
brought under the Sexually Violent Persons | ||||||
9 | Commitment Act who is the subject of
the
juvenile law | ||||||
10 | enforcement records sought.
Any records and any | ||||||
11 | information obtained from those records under this
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12 | paragraph (9) may be used only in sexually violent persons | ||||||
13 | commitment
proceedings.
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14 | (10) The president of a park district. Inspection and | ||||||
15 | copying shall be limited to law enforcement records | ||||||
16 | transmitted to the president of the park district by the | ||||||
17 | Illinois State Police under Section 8-23 of the Park | ||||||
18 | District Code or Section 16a-5 of the Chicago Park District | ||||||
19 | Act concerning a person who is seeking employment with that | ||||||
20 | park district and who has been adjudicated a juvenile | ||||||
21 | delinquent for any of the offenses listed in subsection (c) | ||||||
22 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
23 | of Section 16a-5 of the Chicago Park District Act.
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24 | (B)(1) Except as provided in paragraph (2), no law | ||||||
25 | enforcement
officer or other person or agency may knowingly | ||||||
26 | transmit to the Department of
Corrections or the Department |
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1 | of State Police or to the Federal
Bureau of Investigation | ||||||
2 | any fingerprint or photograph relating to a minor who
has | ||||||
3 | been arrested or taken into custody before his or her 18th | ||||||
4 | birthday,
unless the court in proceedings under this Act | ||||||
5 | authorizes the transmission or
enters an order under | ||||||
6 | Section 5-805 permitting or requiring the
institution of
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7 | criminal proceedings.
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8 | (2) Law enforcement officers or other persons or | ||||||
9 | agencies shall transmit
to the Department of State Police | ||||||
10 | copies of fingerprints and descriptions
of all minors who | ||||||
11 | have been arrested or taken into custody before their
18th | ||||||
12 | birthday for the offense of unlawful use of weapons under | ||||||
13 | Article 24 of
the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, a Class X or Class 1 felony, a forcible | ||||||
15 | felony as
defined in Section 2-8 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012, or a Class 2 or greater
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17 | felony under the Cannabis Control Act, the Illinois | ||||||
18 | Controlled Substances Act, the Methamphetamine Control and | ||||||
19 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
20 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
21 | Identification Act. Information reported to the Department | ||||||
22 | pursuant
to this Section may be maintained with records | ||||||
23 | that the Department files
pursuant to Section 2.1 of the | ||||||
24 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
25 | a law enforcement agency from fingerprinting a minor taken | ||||||
26 | into
custody or arrested before his or her 18th birthday |
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1 | for an offense other than
those listed in this paragraph | ||||||
2 | (2).
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3 | (C) The records of law enforcement officers, or of an | ||||||
4 | independent agency created by ordinance and charged by a unit | ||||||
5 | of local government with the duty of investigating the conduct | ||||||
6 | of law enforcement officers, concerning all minors under
18 | ||||||
7 | years of age must be maintained separate from the records of | ||||||
8 | arrests and
may not be open to public inspection or their | ||||||
9 | contents disclosed to the
public except by order of the court | ||||||
10 | presiding over matters pursuant to this Act or when the | ||||||
11 | institution of criminal
proceedings has been permitted or | ||||||
12 | required under Section
5-805 or such a person has been | ||||||
13 | convicted of a crime and is the
subject of
pre-sentence | ||||||
14 | investigation or proceedings on an application for probation
or | ||||||
15 | when provided by law. For purposes of obtaining documents | ||||||
16 | pursuant to this Section, a civil subpoena is not an order of | ||||||
17 | the court. | ||||||
18 | (1) In cases where the law enforcement, or independent | ||||||
19 | agency, records concern a pending juvenile court case, the | ||||||
20 | party seeking to inspect the records shall provide actual | ||||||
21 | notice to the attorney or guardian ad litem of the minor | ||||||
22 | whose records are sought. | ||||||
23 | (2) In cases where the records concern a juvenile court | ||||||
24 | case that is no longer pending, the party seeking to | ||||||
25 | inspect the records shall provide actual notice to the | ||||||
26 | minor or the minor's parent or legal guardian, and the |
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1 | matter shall be referred to the chief judge presiding over | ||||||
2 | matters pursuant to this Act. | ||||||
3 | (3) In determining whether the records should be | ||||||
4 | available for inspection, the court shall consider the | ||||||
5 | minor's interest in confidentiality and rehabilitation | ||||||
6 | over the moving party's interest in obtaining the | ||||||
7 | information. Any records obtained in violation of this | ||||||
8 | subsection (C) shall not be admissible in any criminal or | ||||||
9 | civil proceeding, or operate to disqualify a minor from | ||||||
10 | subsequently holding public office or securing employment, | ||||||
11 | or operate as a forfeiture of any public benefit, right, | ||||||
12 | privilege, or right to receive any license granted by | ||||||
13 | public authority.
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14 | (D) Nothing contained in subsection (C) of this Section | ||||||
15 | shall prohibit
the inspection or disclosure to victims and | ||||||
16 | witnesses of photographs
contained in the records of law | ||||||
17 | enforcement agencies when the
inspection and disclosure is | ||||||
18 | conducted in the presence of a law enforcement
officer for the | ||||||
19 | purpose of the identification or apprehension of any person
| ||||||
20 | subject to the provisions of this Act or for the investigation | ||||||
21 | or
prosecution of any crime.
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22 | (E) Law enforcement officers, and personnel of an | ||||||
23 | independent agency created by ordinance and charged by a unit | ||||||
24 | of local government with the duty of investigating the conduct | ||||||
25 | of law enforcement officers, may not disclose the identity of | ||||||
26 | any minor
in releasing information to the general public as to |
| |||||||
| |||||||
1 | the arrest, investigation
or disposition of any case involving | ||||||
2 | a minor.
| ||||||
3 | (F) Nothing contained in this Section shall prohibit law | ||||||
4 | enforcement
agencies from communicating with each other by | ||||||
5 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
6 | other means the identity or other relevant
information | ||||||
7 | pertaining to a person under 18 years of age if there are
| ||||||
8 | reasonable grounds to believe that the person poses a real and | ||||||
9 | present danger
to the safety of the public or law enforcement | ||||||
10 | officers. The information
provided under this subsection (F) | ||||||
11 | shall remain confidential and shall not
be publicly disclosed, | ||||||
12 | except as otherwise allowed by law.
| ||||||
13 | (G) Nothing in this Section shall prohibit the right of a | ||||||
14 | Civil Service
Commission or appointing authority of any state, | ||||||
15 | county or municipality
examining the character and fitness of | ||||||
16 | an applicant for employment with a law
enforcement agency, | ||||||
17 | correctional institution, or fire department
from obtaining | ||||||
18 | and examining the
records of any law enforcement agency | ||||||
19 | relating to any record of the applicant
having been arrested or | ||||||
20 | taken into custody before the applicant's 18th
birthday.
| ||||||
21 | (H) The changes made to this Section by Public Act 98-61 | ||||||
22 | apply to law enforcement records of a minor who has been | ||||||
23 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
24 | effective date of Public Act 98-61). | ||||||
25 | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | ||||||
26 | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. |
| |||||||
| |||||||
1 | 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
2 | (705 ILCS 405/5-905)
| ||||||
3 | Sec. 5-905. Law enforcement records.
| ||||||
4 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
5 | enforcement records maintained by law enforcement
agencies | ||||||
6 | that relate to a minor who has been investigated, arrested , or | ||||||
7 | taken into custody
before his or her 18th birthday shall be | ||||||
8 | restricted to the following and when
necessary for the | ||||||
9 | discharge of their official duties:
| ||||||
10 | (a) A judge of the circuit court and members of the | ||||||
11 | staff of the court
designated by the judge;
| ||||||
12 | (b) Law enforcement officers, probation officers or | ||||||
13 | prosecutors or their
staff, or, when necessary for the | ||||||
14 | discharge of its official duties in connection with a | ||||||
15 | particular investigation of the conduct of a law | ||||||
16 | enforcement officer, an independent agency or its staff | ||||||
17 | created by ordinance and charged by a unit of local | ||||||
18 | government with the duty of investigating the conduct of | ||||||
19 | law enforcement officers;
| ||||||
20 | (c) The minor, the minor's parents or legal guardian | ||||||
21 | and their attorneys,
but only when the juvenile has been | ||||||
22 | charged with an offense;
| ||||||
23 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
24 | (e) Authorized military personnel;
| ||||||
25 | (f) Persons engaged in bona fide research, with the |
| |||||||
| |||||||
1 | permission of the
judge of juvenile court and the chief | ||||||
2 | executive of the agency that prepared the
particular | ||||||
3 | recording: provided that publication of such research | ||||||
4 | results in no
disclosure of a minor's identity and protects | ||||||
5 | the confidentiality of the
record;
| ||||||
6 | (g) Individuals responsible for supervising or | ||||||
7 | providing temporary or
permanent care and custody of minors | ||||||
8 | pursuant to orders of the juvenile court
or directives from | ||||||
9 | officials of the Department of Children and Family
Services | ||||||
10 | or the Department of Human Services who certify in writing | ||||||
11 | that the
information will not be disclosed to any other | ||||||
12 | party except as provided under
law or order of court;
| ||||||
13 | (h) The appropriate school official only if the agency | ||||||
14 | or officer believes that there is an imminent threat of | ||||||
15 | physical harm to students, school personnel, or others who | ||||||
16 | are present in the school or on school grounds. | ||||||
17 | (A) Inspection and copying
shall be limited to law | ||||||
18 | enforcement records transmitted to the appropriate
| ||||||
19 | school official or officials whom the school has | ||||||
20 | determined to have a legitimate educational or safety | ||||||
21 | interest by a local law enforcement agency under a | ||||||
22 | reciprocal reporting
system established and maintained | ||||||
23 | between the school district and the local law
| ||||||
24 | enforcement agency under Section 10-20.14 of the | ||||||
25 | School Code concerning a minor
enrolled in a school | ||||||
26 | within the school district who has been arrested
or |
| |||||||
| |||||||
1 | taken into custody for any of the following offenses: | ||||||
2 | (i) any violation of Article 24 of the Criminal | ||||||
3 | Code of
1961 or the Criminal Code of 2012; | ||||||
4 | (ii) a violation of the Illinois Controlled | ||||||
5 | Substances Act; | ||||||
6 | (iii) a violation of the Cannabis Control Act; | ||||||
7 | (iv) a forcible felony as defined in Section | ||||||
8 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
9 | Code of 2012; | ||||||
10 | (v) a violation of the Methamphetamine Control | ||||||
11 | and Community Protection Act; | ||||||
12 | (vi) a violation of Section 1-2 of the | ||||||
13 | Harassing and Obscene Communications Act; | ||||||
14 | (vii) a violation of the Hazing Act; or | ||||||
15 | (viii) a violation of Section 12-1, 12-2, | ||||||
16 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
17 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
19 | The information derived from the law enforcement | ||||||
20 | records shall be kept separate from and shall not | ||||||
21 | become a part of the official school record of that | ||||||
22 | child and shall not be a public record. The information | ||||||
23 | shall be used solely by the appropriate school official | ||||||
24 | or officials whom the school has determined to have a | ||||||
25 | legitimate educational or safety interest to aid in the | ||||||
26 | proper rehabilitation of the child and to protect the |
| |||||||
| |||||||
1 | safety of students and employees in the school. If the | ||||||
2 | designated law enforcement and school officials deem | ||||||
3 | it to be in the best interest of the minor, the student | ||||||
4 | may be referred to in-school or community based social | ||||||
5 | services if those services are available. | ||||||
6 | "Rehabilitation services" may include interventions by | ||||||
7 | school support personnel, evaluation for eligibility | ||||||
8 | for special education, referrals to community-based | ||||||
9 | agencies such as youth services, behavioral healthcare | ||||||
10 | service providers, drug and alcohol prevention or | ||||||
11 | treatment programs, and other interventions as deemed | ||||||
12 | appropriate for the student. | ||||||
13 | (B) Any information provided to appropriate school | ||||||
14 | officials whom the school has determined to have a | ||||||
15 | legitimate educational or safety interest by local law | ||||||
16 | enforcement officials about a minor who is the subject | ||||||
17 | of a current police investigation that is directly | ||||||
18 | related to school safety shall consist of oral | ||||||
19 | information only, and not written law enforcement | ||||||
20 | records, and shall be used solely by the appropriate | ||||||
21 | school official or officials to protect the safety of | ||||||
22 | students and employees in the school and aid in the | ||||||
23 | proper rehabilitation of the child. The information | ||||||
24 | derived orally from the local law enforcement | ||||||
25 | officials shall be kept separate from and shall not | ||||||
26 | become a part of the official school record of the |
| |||||||
| |||||||
1 | child and shall not be a public record. This limitation | ||||||
2 | on the use of information about a minor who is the | ||||||
3 | subject of a current police investigation shall in no | ||||||
4 | way limit the use of this information by prosecutors in | ||||||
5 | pursuing criminal charges arising out of the | ||||||
6 | information disclosed during a police investigation of | ||||||
7 | the minor. For purposes of this paragraph, | ||||||
8 | "investigation" means an official systematic inquiry | ||||||
9 | by a law enforcement agency into actual or suspected | ||||||
10 | criminal activity;
| ||||||
11 | (i) The president of a park district. Inspection and | ||||||
12 | copying shall be limited to law enforcement records | ||||||
13 | transmitted to the president of the park district by the | ||||||
14 | Illinois State Police under Section 8-23 of the Park | ||||||
15 | District Code or Section 16a-5 of the Chicago Park District | ||||||
16 | Act concerning a person who is seeking employment with that | ||||||
17 | park district and who has been adjudicated a juvenile | ||||||
18 | delinquent for any of the offenses listed in subsection (c) | ||||||
19 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
20 | of Section 16a-5 of the Chicago Park District Act. | ||||||
21 | (2) Information identifying victims and alleged victims of | ||||||
22 | sex offenses,
shall not be disclosed or open to public | ||||||
23 | inspection under any circumstances.
Nothing in this Section | ||||||
24 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
25 | from voluntarily disclosing his or her identity.
| ||||||
26 | (2.5) If the minor is a victim of aggravated battery, |
| |||||||
| |||||||
1 | battery, attempted first degree murder, or other non-sexual | ||||||
2 | violent offense, the identity of the victim may be disclosed to | ||||||
3 | appropriate school officials, for the purpose of preventing | ||||||
4 | foreseeable future violence involving minors, by a local law | ||||||
5 | enforcement agency pursuant to an agreement established | ||||||
6 | between the school district and a local law enforcement agency | ||||||
7 | subject to the approval by the presiding judge of the juvenile | ||||||
8 | court. | ||||||
9 | (3) Relevant information, reports and records shall be made | ||||||
10 | available to the
Department of Juvenile Justice when a juvenile | ||||||
11 | offender has been placed in the
custody of the Department of | ||||||
12 | Juvenile Justice.
| ||||||
13 | (4) Nothing in this Section shall prohibit the inspection | ||||||
14 | or disclosure to
victims and witnesses of photographs contained | ||||||
15 | in the records of law
enforcement agencies when the inspection | ||||||
16 | or disclosure is conducted in the
presence of a law enforcement | ||||||
17 | officer for purposes of identification or
apprehension of any | ||||||
18 | person in the course of any criminal investigation or
| ||||||
19 | prosecution.
| ||||||
20 | (5) The records of law enforcement officers, or of an | ||||||
21 | independent agency created by ordinance and charged by a unit | ||||||
22 | of local government with the duty of investigating the conduct | ||||||
23 | of law enforcement officers, concerning all minors under
18 | ||||||
24 | years of age must be maintained separate from the records of | ||||||
25 | adults and
may not be open to public inspection or their | ||||||
26 | contents disclosed to the
public except by order of the court |
| |||||||
| |||||||
1 | or when the institution of criminal
proceedings has been | ||||||
2 | permitted under Section 5-130 or 5-805 or required
under | ||||||
3 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
4 | crime and is the
subject of
pre-sentence investigation or when | ||||||
5 | provided by law.
| ||||||
6 | (6) Except as otherwise provided in this subsection (6), | ||||||
7 | law enforcement
officers, and personnel of an independent | ||||||
8 | agency created by ordinance and charged by a unit of local | ||||||
9 | government with the duty of investigating the conduct of law | ||||||
10 | enforcement officers, may not disclose the identity of any | ||||||
11 | minor
in releasing information to the general public as to the | ||||||
12 | arrest, investigation
or disposition of any case involving a | ||||||
13 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
14 | petition the court to
disclose the name and address of the | ||||||
15 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
16 | a finding by clear and convincing evidence that the
disclosure | ||||||
17 | is either necessary for the victim to pursue a civil remedy | ||||||
18 | against
the minor or the minor's parents or legal guardian, or | ||||||
19 | both, or to protect the
victim's person or property from the | ||||||
20 | minor, then the court may order the
disclosure of the | ||||||
21 | information to the victim or to the parent or legal guardian
of | ||||||
22 | the victim only for the purpose of the victim pursuing a civil | ||||||
23 | remedy
against the minor or the minor's parents or legal | ||||||
24 | guardian, or both, or to
protect the victim's person or | ||||||
25 | property from the minor.
| ||||||
26 | (7) Nothing contained in this Section shall prohibit law |
| |||||||
| |||||||
1 | enforcement
agencies when acting in their official capacity | ||||||
2 | from communicating with each
other by letter, memorandum, | ||||||
3 | teletype or
intelligence alert bulletin or other means the | ||||||
4 | identity or other relevant
information pertaining to a person | ||||||
5 | under 18 years of age. The information
provided under this | ||||||
6 | subsection (7) shall remain confidential and shall not
be | ||||||
7 | publicly disclosed, except as otherwise allowed by law.
| ||||||
8 | (8) No person shall disclose information under this Section | ||||||
9 | except when
acting in his or her official capacity and as | ||||||
10 | provided by law or order of
court.
| ||||||
11 | (9) The changes made to this Section by Public Act 98-61 | ||||||
12 | apply to law enforcement records of a minor who has been | ||||||
13 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
14 | effective date of Public Act 98-61). | ||||||
15 | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | ||||||
16 | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff. | ||||||
17 | 7-16-14.)
|