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| Public Act 097-0700
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| SB3809 Enrolled | LRB097 18921 RLC 64159 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Park District Code is amended by changing |
Section 8-23 as follows:
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(70 ILCS 1205/8-23)
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Sec. 8-23. Criminal background investigations.
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(a) An applicant for employment with a park district is |
required as
a condition of employment to authorize an |
investigation to determine if
the applicant has been convicted |
of, or adjudicated a delinquent minor for, any of the |
enumerated criminal or drug
offenses in subsection (c) of this |
Section or has been
convicted, within 7 years of the |
application for employment with the
park district, of any other |
felony under the laws of this State or of any
offense committed |
or attempted in any other state or against the laws of
the |
United States that, if committed or attempted in this State, |
would
have been punishable as a felony under the laws of this |
State. Authorization
for the
investigation shall be furnished |
by the applicant to the park district.
Upon receipt of this |
authorization, the park district shall submit the
applicant's |
name, sex, race, date of birth, and social security number to
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the Department of State Police on forms prescribed by the |
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Department of
State Police. The Department of State Police |
shall conduct a search of the
Illinois criminal history records |
database to ascertain if the applicant being considered for
|
employment has been convicted of, or adjudicated a delinquent |
minor for, committing or attempting to commit any of
the |
enumerated criminal or drug
offenses
in subsection (c) of this |
Section or
has been convicted of committing or attempting to |
commit, within 7 years of
the application for employment with
|
the
park district, any other felony under the laws of this |
State. The
Department
of
State Police shall charge the park |
district a fee for conducting the
investigation, which fee |
shall be deposited in the State Police Services
Fund and shall |
not exceed the cost of the inquiry. The applicant shall
not be |
charged a fee by the park district for the investigation.
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(b) If the search of the Illinois criminal history record |
database
indicates that the applicant has been convicted of, or |
adjudicated a delinquent minor for, committing or attempting to
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commit any of the enumerated criminal or drug offenses in |
subsection (c) or has
been convicted of committing or |
attempting to commit, within 7 years of the
application for |
employment with the park district, any other felony under the
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laws of this State, the Department of State Police and the |
Federal Bureau
of
Investigation shall furnish, pursuant to
a |
fingerprint based background check, records
of convictions or |
adjudications as a delinquent minor, until expunged, to the
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president of the park district. Any information concerning the |
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record of
convictions or adjudications as a delinquent minor |
obtained by the president shall be confidential and may only
be |
transmitted to those persons who are necessary to the decision |
on whether to
hire the
applicant for employment. A copy of the |
record of convictions or adjudications as a delinquent minor |
obtained
from the Department of State Police shall be provided |
to the applicant for
employment. Any person who releases any |
confidential information
concerning any criminal convictions |
or adjudications as a delinquent minor of an applicant for |
employment shall
be guilty of a Class A misdemeanor, unless the |
release of such
information is authorized by this Section.
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(c) No park district shall knowingly employ a person who |
has been
convicted, or adjudicated a delinquent minor, for |
committing attempted first degree murder or
for committing
or |
attempting to commit first degree murder, a Class X felony, or |
any
one or more of the following offenses: (i) those defined in |
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
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11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, |
11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, |
12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961; (ii) |
those defined in the Cannabis Control Act,
except those defined |
in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
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defined in the Illinois Controlled Substances Act; (iv) those |
defined in the Methamphetamine Control and Community |
Protection Act; and (v) any offense
committed or attempted in |
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any other state or against the laws of the
United States, |
which, if committed or attempted in this State, would have
been |
punishable as one or more of the foregoing offenses. Further, |
no
park district shall knowingly employ a person who has been |
found to be
the perpetrator of sexual or physical abuse of any |
minor under 18 years
of age pursuant to proceedings under |
Article II of the Juvenile Court Act
of 1987. No park district |
shall knowingly employ a person for whom a
criminal background |
investigation has not been initiated.
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(Source: P.A. 96-1551, eff. 7-1-11.)
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Section 10. The Chicago Park District Act is amended by |
changing Section 16a-5 as follows:
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(70 ILCS 1505/16a-5)
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Sec. 16a-5. Criminal background investigations.
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(a) An applicant for employment with the Chicago Park |
District is
required as a condition of employment to authorize |
an investigation to
determine if the applicant has been |
convicted of, or adjudicated a delinquent minor for, any of the |
enumerated criminal
or drug
offenses in subsection (c) of this |
Section
or has been convicted, within 7 years of the |
application for employment with
the Chicago Park District, of |
any other felony under the laws of this State or
of any
offense |
committed or attempted in any other state or against the laws |
of
the United States that, if committed or attempted in this |
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State, would
have been punishable as a felony under the laws of |
this State. Authorization
for the investigation shall be |
furnished by the applicant to the Chicago
Park District. Upon |
receipt of this authorization, the Chicago Park
District shall |
submit the applicant's name, sex, race, date of birth, and
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social security number to the Department of State Police on |
forms
prescribed by the Department of State Police. The |
Department of State
Police shall conduct a search of the |
Illinois criminal history record
information database to |
ascertain if the applicant being
considered for employment has |
been convicted of, or adjudicated a delinquent minor for, |
committing or attempting to
commit any of the enumerated |
criminal
or drug
offenses in subsection (c) of this Section or |
has been
convicted, of committing or attempting to commit |
within 7 years of the
application for employment with the
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Chicago Park District, any other felony under the laws of this |
State. The
Department of State Police shall charge the Chicago |
Park District a fee
for conducting the investigation, which fee |
shall be deposited in the State
Police Services Fund and shall |
not exceed the cost of the inquiry. The
applicant shall not be |
charged a fee by the Chicago Park District for the
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investigation.
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(b) If the search of the Illinois criminal history record |
database
indicates that the applicant has been convicted of, or |
adjudicated a delinquent minor for, committing or attempting to
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commit any of the enumerated criminal or drug offenses in |
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subsection (c) or has
been convicted of committing or |
attempting to commit, within 7 years of the
application for |
employment with the Chicago Park District, any other felony
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under the laws of this State, the Department of State Police |
and the
Federal Bureau of
Investigation shall furnish, pursuant |
to
a fingerprint based background check, records
of convictions |
or adjudications as a delinquent minor, until expunged, to the
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General Superintendent and Chief Executive Officer of the |
Chicago Park
District. Any information concerning the
record of |
convictions or adjudications as a delinquent minor obtained by |
the General Superintendent and Chief
Executive Officer shall be |
confidential and
may only be transmitted to those persons who |
are necessary to the decision on
whether to hire the applicant |
for employment. A copy of the record of
convictions or |
adjudications as a delinquent minor
obtained from the |
Department of State Police shall be provided to the
applicant |
for employment. Any person who releases any confidential
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information concerning any criminal convictions or |
adjudications as a delinquent minor of an applicant for
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employment shall be guilty of a Class A misdemeanor, unless the |
release
of such information is authorized by this Section.
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(c) The Chicago Park District may not knowingly employ a |
person
who has been convicted, or adjudicated a delinquent |
minor, for committing attempted first degree murder
or for |
committing or attempting to commit first degree murder, a Class |
X felony,
or
any one or more of the following offenses: (i) |
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those defined in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, |
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, |
12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of |
1961; (ii) those defined in the
Cannabis Control Act, except |
those defined in Sections 4(a), 4(b), and
5(a) of that Act; |
(iii) those defined in the Illinois Controlled Substances
Act; |
(iv) those defined in the Methamphetamine Control and Community |
Protection Act; and (v) any offense committed or attempted in |
any
other state or
against the laws of the United States, |
which, if committed or attempted in
this State, would have been |
punishable as one or more of the foregoing
offenses. Further, |
the Chicago Park District may not knowingly employ a
person who |
has been found to be the perpetrator of sexual or physical
|
abuse of any minor under 18 years of age pursuant to |
proceedings under
Article II of the Juvenile Court Act of 1987. |
The Chicago Park District
may not knowingly employ a person for |
whom a criminal background
investigation has not been |
initiated.
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(Source: P.A. 96-1551, eff. 7-1-11.)
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Section 15. The Juvenile Court Act of 1987 is amended by |
changing Sections 1-7 and 5-905 as follows:
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(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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Sec. 1-7. Confidentiality of law enforcement records.
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(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:
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(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
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Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act.
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(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 |
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temporary or permanent care and custody for minors pursuant |
to
the order of the juvenile court, when essential to |
performing their
responsibilities.
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(3) Prosecutors and probation officers:
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(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
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(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
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(c) when criminal proceedings have been permitted
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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.
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(4) Adult and Juvenile Prisoner Review Board.
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(5) Authorized military personnel.
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(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
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in no disclosure of a minor's identity and protects the |
confidentiality
of the minor's record.
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(7) Department of Children and Family Services child |
protection
investigators acting in their official |
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capacity.
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(8) The appropriate school official. Inspection and |
copying
shall be limited to law enforcement records |
transmitted to the appropriate
school official by a local |
law enforcement agency under a reciprocal reporting
system |
established and maintained between the school district and |
the local law
enforcement agency under Section 10-20.14 of |
the School Code concerning a minor
enrolled in a school |
within the school district who has been arrested or taken
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into custody for any of the following offenses:
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(i) unlawful use of weapons under Section 24-1 of |
the Criminal Code of
1961;
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(ii) a violation of the Illinois Controlled |
Substances Act;
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(iii) a violation of the Cannabis Control Act;
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(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.
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(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 |
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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
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paragraph (9) may be used only in sexually violent persons |
commitment
proceedings. |
(10) The president of a park district. Inspection and |
copying shall be limited to law enforcement records |
transmitted to the president of the park district by the |
Illinois State Police under Section 8-23 of the Park |
District Code or Section 16a-5 of the Chicago Park District |
Act concerning a person who is seeking employment with that |
park district and who has been adjudicated a juvenile |
delinquent for any of the offenses listed in subsection (c) |
of Section 8-23 of the Park District Code or subsection (c) |
of Section 16a-5 of the Chicago Park District Act.
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(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
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institution of
criminal proceedings.
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(2) Law enforcement officers or other persons or |
agencies shall transmit
to the Department of State Police |
copies of fingerprints and descriptions
of all minors who |
have been arrested or taken into custody before their
17th |
birthday for the offense of unlawful use of weapons under |
Article 24 of
the Criminal Code of 1961, a Class X or Class |
1 felony, a forcible felony as
defined in Section 2-8 of |
the Criminal Code of 1961, or a Class 2 or greater
felony |
under the Cannabis Control Act, the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act,
or Chapter 4 of the Illinois Vehicle Code, |
pursuant to Section 5 of the
Criminal Identification Act. |
Information reported to the Department pursuant
to this |
Section may be maintained with records that the Department |
files
pursuant to Section 2.1 of the Criminal |
Identification Act. Nothing in this
Act prohibits a law |
enforcement agency from fingerprinting a minor taken into
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custody or arrested before his or her 17th birthday for an |
offense other than
those listed in this paragraph (2).
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(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 |
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presiding over matters pursuant to this Act or when the |
institution of criminal
proceedings has been permitted or |
required under Section
5-805 or such a person has been |
convicted of a crime and is the
subject of
pre-sentence |
investigation or proceedings on an application for probation
or |
when provided by law. For purposes of obtaining documents |
pursuant to this Section, a civil subpoena is not an order of |
the court. |
(1) In cases where the law enforcement, or independent |
agency, records concern a pending juvenile court case, the |
party seeking to inspect the records shall provide actual |
notice to the attorney or guardian ad litem of the minor |
whose records are sought. |
(2) In cases where the records concern a juvenile court |
case that is no longer pending, the party seeking to |
inspect the records shall provide actual notice to the |
minor or the minor's parent or legal guardian, and the |
matter shall be referred to the chief judge presiding over |
matters pursuant to this Act. |
(3) In determining whether the records should be |
available for inspection, the court shall consider the |
minor's interest in confidentiality and rehabilitation |
over the moving party's interest in obtaining the |
information. Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or |
civil proceeding, or operate to disqualify a minor from |
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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.
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(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
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subject to the provisions of this Act or for the investigation |
or
prosecution of any crime.
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(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.
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(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
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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.
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(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.)
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(705 ILCS 405/5-905)
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Sec. 5-905. Law enforcement records.
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(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;
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(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;
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(c) The minor, the minor's parents or legal guardian |
and their attorneys,
but only when the juvenile has been |
charged with an offense;
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(d) Adult and Juvenile Prisoner Review Boards;
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(e) Authorized military personnel;
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(f) Persons engaged in bona fide research, with the |
permission of the
judge of juvenile court and the chief |
executive of the agency that prepared the
particular |
recording: provided that publication of such research |
results in no
disclosure of a minor's identity and protects |
the confidentiality of the
record;
|
(g) Individuals responsible for supervising or |
providing temporary or
permanent care and custody of minors |
pursuant to orders of the juvenile court
or directives from |
officials of the Department of Children and Family
Services |
or the Department of Human Services who certify in writing |
that the
information will not be disclosed to any other |
party except as provided under
law or order of court;
|
(h) The appropriate school official. Inspection and |
copying
shall be limited to law enforcement records |
transmitted to the appropriate
school official by a local |
|
law enforcement agency under a reciprocal reporting
system |
established and maintained between the school district and |
the local law
enforcement agency under Section 10-20.14 of |
the School Code concerning a minor
enrolled in a school |
within the school district who has been arrested
for any |
offense classified as a felony or a Class A or B |
misdemeanor. |
(i) The president of a park district. Inspection and |
copying shall be limited to law enforcement records |
transmitted to the president of the park district by the |
Illinois State Police under Section 8-23 of the Park |
District Code or Section 16a-5 of the Chicago Park District |
Act concerning a person who is seeking employment with that |
park district and who has been adjudicated a juvenile |
delinquent for any of the offenses listed in subsection (c) |
of Section 8-23 of the Park District Code or subsection (c) |
of Section 16a-5 of the Chicago Park District Act.
|
(2) Information identifying victims and alleged victims of |
sex offenses,
shall not be disclosed or open to public |
inspection under any circumstances.
Nothing in this Section |
shall prohibit the victim or alleged victim of any sex
offense |
from voluntarily disclosing his or her identity.
|
(2.5) If the minor is a victim of aggravated battery, |
battery, attempted first degree murder, or other non-sexual |
violent offense, the identity of the victim may be disclosed to |
appropriate school officials, for the purpose of preventing |
|
foreseeable future violence involving minors, by a local law |
enforcement agency pursuant to an agreement established |
between the school district and a local law enforcement agency |
subject to the approval by the presiding judge of the juvenile |
court. |
(3) Relevant information, reports and records shall be made |
available to the
Department of Juvenile Justice when a juvenile |
offender has been placed in the
custody of the Department of |
Juvenile Justice.
|
(4) Nothing in this Section shall prohibit the inspection |
or disclosure to
victims and witnesses of photographs contained |
in the records of law
enforcement agencies when the inspection |
or disclosure is conducted in the
presence of a law enforcement |
officer for purposes of identification or
apprehension of any |
person in the course of any criminal investigation or
|
prosecution.
|
(5) The records of law enforcement officers, or of an |
independent agency created by ordinance and charged by a unit |
of local government with the duty of investigating the conduct |
of law enforcement officers, concerning all minors under
17 |
years of age must be maintained separate from the records of |
adults and
may not be open to public inspection or their |
contents disclosed to the
public except by order of the court |
or when the institution of criminal
proceedings has been |
permitted under Section 5-130 or 5-805 or required
under |
Section
5-130 or 5-805 or such a person has been convicted of a |
|
crime and is the
subject of
pre-sentence investigation or when |
provided by law.
|
(6) Except as otherwise provided in this subsection (6), |
law enforcement
officers, and personnel of an independent |
agency created by ordinance and charged by a unit of local |
government with the duty of investigating the conduct of law |
enforcement officers, may not disclose the identity of any |
minor
in releasing information to the general public as to the |
arrest, investigation
or disposition of any case involving a |
minor.
Any victim or parent or legal guardian of a victim may |
petition the court to
disclose the name and address of the |
minor and the minor's parents or legal
guardian, or both. Upon |
a finding by clear and convincing evidence that the
disclosure |
is either necessary for the victim to pursue a civil remedy |
against
the minor or the minor's parents or legal guardian, or |
both, or to protect the
victim's person or property from the |
minor, then the court may order the
disclosure of the |
information to the victim or to the parent or legal guardian
of |
the victim only for the purpose of the victim pursuing a civil |
remedy
against the minor or the minor's parents or legal |
guardian, or both, or to
protect the victim's person or |
property from the minor.
|
(7) Nothing contained in this Section shall prohibit law |
enforcement
agencies when acting in their official capacity |
from communicating with each
other by letter, memorandum, |
teletype or
intelligence alert bulletin or other means the |
|
identity or other relevant
information pertaining to a person |
under 17 years of age. The information
provided under this |
subsection (7) shall remain confidential and shall not
be |
publicly disclosed, except as otherwise allowed by law.
|
(8) No person shall disclose information under this Section |
except when
acting in his or her official capacity and as |
provided by law or order of
court.
|
(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
