Public Act 097-0700

SB3809 Enrolled LRB097 18921 RLC 64159 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Park District Code is amended by changing

Section 8-23 as follows:

(70 ILCS 1205/8-23)

Sec. 8-23. Criminal background investigations.

(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

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 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.

(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

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

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

president of the park district. Any information concerning the

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.

(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,

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,

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.

(Source: P.A. 96-1551, eff. 7-1-11.)

Section 10. The Chicago Park District Act is amended by

changing Section 16a-5 as follows:

(70 ILCS 1505/16a-5)

Sec. 16a-5. Criminal background investigations.

(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

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

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

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

investigation.

(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

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 Chicago Park District, any other felony

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

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

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.

(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)

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.

(Source: P.A. 96-1551, eff. 7-1-11.)

Section 15. The Juvenile Court Act of 1987 is amended by

changing Sections 1-7 and 5-905 as follows:

(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)

Sec. 1-7. Confidentiality of law enforcement records.

(A) Inspection and copying of law enforcement records

maintained by law enforcement agencies that relate to a minor

who has been arrested or taken into custody before his or her

17th birthday shall be restricted to the following:

(1) Any local, State or federal law enforcement

officers of any jurisdiction or agency when necessary for

the discharge of their official duties during the

investigation or prosecution of a crime or relating to a

minor who has been adjudicated delinquent and there has

been a previous finding that the act which constitutes the

previous offense was committed in furtherance of criminal

activities by a criminal street gang, or, when necessary

for the discharge of its official duties in connection with

a particular investigation of the conduct of a law

enforcement officer, an independent agency or its staff

created by ordinance and charged by a unit of local

government with the duty of investigating the conduct of

law enforcement officers. For purposes of this Section,

"criminal street gang" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(2) Prosecutors, probation officers, social workers,

or other individuals assigned by the court to conduct a

pre-adjudication or pre-disposition investigation, and

individuals responsible for supervising or providing

temporary or permanent care and custody for minors pursuant

to the order of the juvenile court, when essential to

performing their responsibilities.

(3) Prosecutors and probation officers:

(a) in the course of a trial when institution of

criminal proceedings has been permitted or required

under Section 5-805; or

(b) when institution of criminal proceedings has

been permitted or required under Section 5-805 and such

minor is the subject of a proceeding to determine the

amount of bail; or

(c) when criminal proceedings have been permitted

or required under Section 5-805 and such minor is the

subject of a pre-trial investigation, pre-sentence

investigation, fitness hearing, or proceedings on an

application for probation.

(4) Adult and Juvenile Prisoner Review Board.

(5) Authorized military personnel.

(6) Persons engaged in bona fide research, with the

permission of the Presiding Judge of the Juvenile Court and

the chief executive of the respective law enforcement

agency; provided that publication of such research results

in no disclosure of a minor's identity and protects the

confidentiality of the minor's record.

(7) Department of Children and Family Services child

protection investigators acting in their official

capacity.

(8) The appropriate school official. 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

into custody for 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.

(9) Mental health professionals on behalf of the

Illinois Department of Corrections or the Department of

Human Services or prosecutors who are evaluating,

prosecuting, or investigating a potential or actual

petition brought under the Sexually Violent Persons

Commitment Act relating to a person who is the subject of

juvenile law enforcement records or the respondent to a

petition brought under the Sexually Violent Persons

Commitment Act who is the subject of the juvenile law

enforcement records sought. Any records and any

information obtained from those records under this

paragraph (9) may be used only in sexually violent persons

commitment proceedings.

(10) The president of a park district. Inspection and

copying shall be limited to law enforcement records

transmitted to the president of the park district by the

Illinois State Police under Section 8-23 of the Park

District Code or Section 16a-5 of the Chicago Park District

Act concerning a person who is seeking employment with that

park district and who has been adjudicated a juvenile

delinquent for any of the offenses listed in subsection (c)

of Section 8-23 of the Park District Code or subsection (c)

of Section 16a-5 of the Chicago Park District Act.

(B) (1) Except as provided in paragraph (2), no law

enforcement officer or other person or agency may knowingly

transmit to the Department of Corrections, Adult Division

or the Department of State Police or to the Federal Bureau

of Investigation any fingerprint or photograph relating to

a minor who has been arrested or taken into custody before

his or her 17th birthday, unless the court in proceedings

under this Act authorizes the transmission or enters an

order under Section 5-805 permitting or requiring the

institution of criminal proceedings.

(2) Law enforcement officers or other persons or

agencies shall transmit to the Department of State Police

copies of fingerprints and descriptions of all minors who

have been arrested or taken into custody before their 17th

birthday for the offense of unlawful use of weapons under

Article 24 of the Criminal Code of 1961, a Class X or Class

1 felony, a forcible felony as defined in Section 2-8 of

the Criminal Code of 1961, or a Class 2 or greater felony

under the Cannabis Control Act, the Illinois Controlled

Substances Act, the Methamphetamine Control and Community

Protection Act, or Chapter 4 of the Illinois Vehicle Code,

pursuant to Section 5 of the Criminal Identification Act.

Information reported to the Department pursuant to this

Section may be maintained with records that the Department

files pursuant to Section 2.1 of the Criminal

Identification Act. Nothing in this Act prohibits a law

enforcement agency from fingerprinting a minor taken into

custody or arrested before his or her 17th birthday for an

offense other than those listed in this paragraph (2).

(C) The records of law enforcement officers, or of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, concerning all minors under 17

years of age must be maintained separate from the records of

arrests and may not be open to public inspection or their

contents disclosed to the public except by order of the court

presiding over matters pursuant to this Act or when the

institution of criminal proceedings has been permitted or

required under Section 5-805 or such a person has been

convicted of a crime and is the subject of pre-sentence

investigation or proceedings on an application for probation or

when provided by law. For purposes of obtaining documents

pursuant to this Section, a civil subpoena is not an order of

the court.

(1) In cases where the law enforcement, or independent

agency, records concern a pending juvenile court case, the

party seeking to inspect the records shall provide actual

notice to the attorney or guardian ad litem of the minor

whose records are sought.

(2) In cases where the records concern a juvenile court

case that is no longer pending, the party seeking to

inspect the records shall provide actual notice to the

minor or the minor's parent or legal guardian, and the

matter shall be referred to the chief judge presiding over

matters pursuant to this Act.

(3) In determining whether the records should be

available for inspection, the court shall consider the

minor's interest in confidentiality and rehabilitation

over the moving party's interest in obtaining the

information. Any records obtained in violation of this

subsection (C) shall not be admissible in any criminal or

civil proceeding, or operate to disqualify a minor from

subsequently holding public office or securing employment,

or operate as a forfeiture of any public benefit, right,

privilege, or right to receive any license granted by

public authority.

(D) Nothing contained in subsection (C) of this Section

shall prohibit the inspection or disclosure to victims and

witnesses of photographs contained in the records of law

enforcement agencies when the inspection and disclosure is

conducted in the presence of a law enforcement officer for the

purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation

or prosecution of any crime.

(E) Law enforcement officers, and personnel of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, may not disclose the identity of

any minor in releasing information to the general public as to

the arrest, investigation or disposition of any case involving

a minor.

(F) Nothing contained in this Section shall prohibit law

enforcement agencies from communicating with each other by

letter, memorandum, teletype or intelligence alert bulletin or

other means the identity or other relevant information

pertaining to a person under 17 years of age if there are

reasonable grounds to believe that the person poses a real and

present danger to the safety of the public or law enforcement

officers. The information provided under this subsection (F)

shall remain confidential and shall not be publicly disclosed,

except as otherwise allowed by law.

(G) Nothing in this Section shall prohibit the right of a

Civil Service Commission or appointing authority of any state,

county or municipality examining the character and fitness of

an applicant for employment with a law enforcement agency,

correctional institution, or fire department from obtaining

and examining the records of any law enforcement agency

relating to any record of the applicant having been arrested or

taken into custody before the applicant's 17th birthday.

(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)

(705 ILCS 405/5-905)

Sec. 5-905. Law enforcement records.

(1) Law Enforcement Records. Inspection and copying of law

enforcement records maintained by law enforcement agencies

that relate to a minor who has been arrested or taken into

custody before his or her 17th birthday shall be restricted to

the following and when necessary for the discharge of their

official duties:

(a) A judge of the circuit court and members of the

staff of the court designated by the judge;

(b) Law enforcement officers, probation officers or

prosecutors or their staff, or, when necessary for the

discharge of its official duties in connection with a

particular investigation of the conduct of a law

enforcement officer, an independent agency or its staff

created by ordinance and charged by a unit of local

government with the duty of investigating the conduct of

law enforcement officers;

(c) The minor, the minor's parents or legal guardian

and their attorneys, but only when the juvenile has been

charged with an offense;

(d) Adult and Juvenile Prisoner Review Boards;

(e) Authorized military personnel;

(f) Persons engaged in bona fide research, with the

permission of the judge of juvenile court and the chief

executive of the agency that prepared the particular

recording: provided that publication of such research

results in no disclosure of a minor's identity and protects

the confidentiality of the record;

(g) Individuals responsible for supervising or

providing temporary or permanent care and custody of minors

pursuant to orders of the juvenile court or directives from

officials of the Department of Children and Family Services

or the Department of Human Services who certify in writing

that the information will not be disclosed to any other

party except as provided under law or order of court;

(h) The appropriate school official. 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.