Bill Text: IL HB5602 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code and the Juvenile Court Act of 1987. Provides that the 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 may be released to appropriate school officials by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency concerning a minor enrolled in a school within the school district who is the subject of a police investigation, or has been arrested or taken into custody for an offense classified as a felony or a Class A or B misdemeanor. Provides that 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. Provides that the information shall be used solely by the appropriate school official or officials to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1104 [HB5602 Detail]

Download: Illinois-2011-HB5602-Amended.html

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Rep. Carol A. Sente

Filed: 3/15/2012

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AMENDMENT TO HOUSE BILL 5602
AMENDMENT NO. ______. Amend House Bill 5602 by replacing
everything after the enacting clause with the following:
"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

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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

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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

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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.
(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

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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 an offense classified as a
felony or a Class A or B misdemeanor. 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. any of the following offenses:
(i) unlawful use of weapons under Section 24-1 of
the Criminal Code of 1961;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section 2-8 of
the Criminal Code of 1961; or
(v) a violation of the Methamphetamine Control and
Community Protection Act.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law

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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.
(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

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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,

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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

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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

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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.

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(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

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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.
(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 offense classified as a
felony or a Class A or B misdemeanor. The information
derived from the law enforcement records shall be kept

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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.
(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

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pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor.
(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

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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

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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.)".