Bill Text: IL SB3936 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Student Confidential Reporting Act. Subject to appropriation, requires the Illinois State Police, in consultation with the Illinois Emergency Management Agency, State Board of Education, Department of Children and Family Services, and the Department of Human Services, to establish a program for receiving reports and other information from the public regarding potential self-harm or potential harm or criminal acts directed at school students, school employees, or schools in this State. Requires the program to include a Safe2Help Illinois helpline (defined as a school helpline involving a statewide toll-free telephone number, social media, a website, or other means of communication, or a combination of a toll-free telephone number and another means of communication, that transmits voice, text, photographic, or other messages and information to the Safe2Help Illinois operators). Provides for referrals from and the discontinuance of other State-operated school violence help lines (excluding the CPS Violence Prevention Hotline). Sets forth other program and Illinois State Police requirements. Contains provisions concerning the confidentiality of reported information, funding, and annual reporting. Provides that a Safe2Help Illinois employee, law enforcement agency, or law enforcement official acting in good faith in compliance with the Act shall have immunity from any civil or criminal liability that might otherwise occur as a result of handling tips, with the exception of willful or wanton misconduct. Provides that the Illinois State Police may adopt emergency rules to implement the Act. Amends various Acts to make conforming changes.
Spectrum: Moderate Partisan Bill (Democrat 31-5)
Status: (Passed) 2022-05-06 - Public Act . . . . . . . . . 102-0752 [SB3936 Detail]
Download: Illinois-2021-SB3936-Enrolled.html
Bill Title: Creates the Student Confidential Reporting Act. Subject to appropriation, requires the Illinois State Police, in consultation with the Illinois Emergency Management Agency, State Board of Education, Department of Children and Family Services, and the Department of Human Services, to establish a program for receiving reports and other information from the public regarding potential self-harm or potential harm or criminal acts directed at school students, school employees, or schools in this State. Requires the program to include a Safe2Help Illinois helpline (defined as a school helpline involving a statewide toll-free telephone number, social media, a website, or other means of communication, or a combination of a toll-free telephone number and another means of communication, that transmits voice, text, photographic, or other messages and information to the Safe2Help Illinois operators). Provides for referrals from and the discontinuance of other State-operated school violence help lines (excluding the CPS Violence Prevention Hotline). Sets forth other program and Illinois State Police requirements. Contains provisions concerning the confidentiality of reported information, funding, and annual reporting. Provides that a Safe2Help Illinois employee, law enforcement agency, or law enforcement official acting in good faith in compliance with the Act shall have immunity from any civil or criminal liability that might otherwise occur as a result of handling tips, with the exception of willful or wanton misconduct. Provides that the Illinois State Police may adopt emergency rules to implement the Act. Amends various Acts to make conforming changes.
Spectrum: Moderate Partisan Bill (Democrat 31-5)
Status: (Passed) 2022-05-06 - Public Act . . . . . . . . . 102-0752 [SB3936 Detail]
Download: Illinois-2021-SB3936-Enrolled.html
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1 | AN ACT concerning schools.
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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 1. Short title. This Act may be cited as the | ||||||
5 | Student Confidential Reporting Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Safe2Help Illinois" means a school helpline involving a | ||||||
8 | statewide toll-free telephone number, social media, a website, | ||||||
9 | or other means of communication, or a combination of a | ||||||
10 | toll-free telephone number and another means of communication, | ||||||
11 | that transmits voice, text, photographic, or other messages | ||||||
12 | and information to the Safe2Help Illinois operators. | ||||||
13 | "Safe2Help Illinois Manager" means the designated program | ||||||
14 | manager that works in collaboration with all agencies involved | ||||||
15 | in Safe2Help Illinois, providing marketing, and logistical | ||||||
16 | support to the implementation of the Safe2Help Illinois | ||||||
17 | Program. | ||||||
18 | "School" means a public or nonpublic school offering any | ||||||
19 | grade from kindergarten through 12, regardless of whether | ||||||
20 | school is in session. "School" includes all school property. | ||||||
21 | "School employee" means a full-time or part-time employee | ||||||
22 | of a school or school district, including a school | ||||||
23 | administrator, a volunteer with a school or school district, |
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1 | or any other person who provides services to a school or school | ||||||
2 | district, while he or she is on school property. A person | ||||||
3 | described in this definition is considered a school employee | ||||||
4 | regardless of whether school is in session. | ||||||
5 | "School site" means a building, a playing field, or | ||||||
6 | property used for school purposes to impart instruction to | ||||||
7 | school students or used for school purposes, functions, or | ||||||
8 | events, regardless of whether school is in session. "School | ||||||
9 | property" includes a school bus. | ||||||
10 | "School student" means a person who is enrolled as a | ||||||
11 | student in a school regardless of whether school is in | ||||||
12 | session.
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13 | Section 10. Safe2Help Illinois program management and | ||||||
14 | administration. | ||||||
15 | (a) The Illinois State Police, in consultation with the | ||||||
16 | Illinois Emergency Management Agency, State Board of | ||||||
17 | Education, Department of Human Services, and Department of | ||||||
18 | Children and Family Services shall, to the extent that funds | ||||||
19 | are appropriated for that purpose, establish a program for | ||||||
20 | receiving reports and other information from the public | ||||||
21 | regarding potential self-harm or potential harm or criminal | ||||||
22 | acts directed at school students, school employees, or schools | ||||||
23 | in this State. The Illinois State Police shall establish the | ||||||
24 | program in accordance with this Act. The Illinois State Police | ||||||
25 | shall have access to the information needed to meet the |
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1 | reporting requirements of Section 35. | ||||||
2 | (b) The program shall include a Safe2Help Illinois | ||||||
3 | helpline for operators to receive reports and information from | ||||||
4 | the general public as described in subsection (a). The | ||||||
5 | helpline shall be available for use 24 hours a day, 365 days a | ||||||
6 | year. | ||||||
7 | (c) The Department of Innovation and Technology shall | ||||||
8 | operate a dedicated website to provide mental health | ||||||
9 | information for students, promotional information to local law | ||||||
10 | enforcement officials, school officials, and the general | ||||||
11 | public regarding the program. | ||||||
12 | (d) Beginning on the date that Safe2Help Illinois is
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13 | operational, any State or locally operated school violence | ||||||
14 | help line currently in operation shall work in conjunction | ||||||
15 | with Safe2Help Illinois
as needed.
The CPS Violence Prevention | ||||||
16 | Hotline established under Section 34-21.8 of the School Code | ||||||
17 | and the Safe2Help Illinois shall cooperate with each other. If | ||||||
18 | the Safe2Help Illinois helpline receives information about | ||||||
19 | incidents occurring in the Chicago public schools, it shall | ||||||
20 | transmit that information to the CPS Violence Prevention | ||||||
21 | Hotline. For the purposes of this subsection (d), a | ||||||
22 | State-operated school violence help line does not include the | ||||||
23 | CPS Violence Prevention Hotline established under Section | ||||||
24 | 34-21.8 of the School Code. Instead, the Illinois State Police | ||||||
25 | shall work in conjunction with the Chicago Board of Education | ||||||
26 | and the Chicago Police Department to direct all applicable |
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1 | calls received by Safe2Help to the CPS Violence Prevention | ||||||
2 | Hotline. | ||||||
3 | (e) The Illinois State Police shall be responsible for the | ||||||
4 | continued operational oversight of the program. The program | ||||||
5 | shall provide for a means to review all reports and | ||||||
6 | information submitted through Safe2Help Illinois and to direct | ||||||
7 | those reports and that information, including any analysis of | ||||||
8 | the potential threat as determined appropriate by the Illinois | ||||||
9 | State Police, to local law enforcement officials and school | ||||||
10 | officials. | ||||||
11 | (f) The Illinois State Police shall ensure that
program | ||||||
12 | personnel or call center staff, or both, are appropriately | ||||||
13 | trained in
the following areas: | ||||||
14 | (1) crisis management, including recognizing mental
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15 | illness and emotional disturbance; | ||||||
16 | (2) the resources that are available
for providing | ||||||
17 | mental health and other human
services; | ||||||
18 | (3) matters determined by the Illinois State
Police to | ||||||
19 | be relevant to the operation of the program; and | ||||||
20 | (4) handling of criminal intelligence information
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21 | regarding primary and data collection, storage, and
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22 | dissemination. | ||||||
23 | (g) A report or other information submitted to the program | ||||||
24 | is considered to be a report to a law enforcement agency and | ||||||
25 | shall be maintained as a record by the Illinois State Police | ||||||
26 | for at least 5 years, subject to the confidentiality |
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1 | requirements of this Act. | ||||||
2 | (h) The Illinois State Police shall ensure that any | ||||||
3 | information submitted to the program where mental health | ||||||
4 | services are needed will be referred to the appropriate | ||||||
5 | centralized reporting system as provided in Section 76 of the | ||||||
6 | Mental Health and Developmental
Disabilities Administrative | ||||||
7 | Act.
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8 | Section 15. Management of confidential information. | ||||||
9 | (a) Any report or information submitted to the program | ||||||
10 | under Section 10 is confidential, may not be released except | ||||||
11 | as otherwise provided in this Act or in the Juvenile Court Act | ||||||
12 | of 1987, and is not subject to disclosure under the Freedom of | ||||||
13 | Information Act. | ||||||
14 | (b) Any report or information submitted to the program and | ||||||
15 | forwarded by the vendor described in subsection (d) of Section | ||||||
16 | 10 to a law enforcement official or to a school official is | ||||||
17 | confidential, may not be released except as otherwise provided | ||||||
18 | in this Act, and is not subject to disclosure under the Freedom | ||||||
19 | of Information Act. | ||||||
20 | (c) A person who intentionally discloses information to | ||||||
21 | another person in violation of subsection (a) or (b) commits a | ||||||
22 | Class C misdemeanor.
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23 | Section 20. Exemptions to confidentiality of reported | ||||||
24 | information. Information regarding a report or information |
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1 | submitted to the program under Section 10, including any | ||||||
2 | identifying information, may be disclosed as follows: | ||||||
3 | (1) By the Illinois State Police, a law enforcement | ||||||
4 | agency, a school, or a community mental health service | ||||||
5 | program or an employee of one of those entities acting in | ||||||
6 | the course of his or her duties. However, this paragraph | ||||||
7 | (1) does not allow the disclosure of information that | ||||||
8 | would identify the person who submitted the report or | ||||||
9 | information to the program under Section 10, except for an | ||||||
10 | imminent threat that poses a clear and present danger to | ||||||
11 | the person. | ||||||
12 | (2) With the permission of the person or, if the | ||||||
13 | person is a minor, with the permission of the minor and his | ||||||
14 | or her parents or guardian. | ||||||
15 | (3) Pursuant to a court order issued under Section 25.
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16 | Section 25. Release of confidential information. | ||||||
17 | (a) A person who is charged with a criminal offense as a | ||||||
18 | result of a report or information submitted under Section 10 | ||||||
19 | may petition the court for disclosure of the report or | ||||||
20 | information, including any identifying information, as | ||||||
21 | provided in this subsection (a). The State's Attorney having | ||||||
22 | jurisdiction shall be notified of the petition not less than 7 | ||||||
23 | days before the hearing on the petition, or as otherwise | ||||||
24 | provided by the court, and have the right to appear in the | ||||||
25 | proceedings to oppose the petition. |
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1 | If a petition is filed under this subsection (a), the | ||||||
2 | court may conduct a hearing on the petition. If a hearing is | ||||||
3 | conducted, it shall be conducted in chambers outside of the | ||||||
4 | presence of the petitioner. | ||||||
5 | If the court determines that the report or information, | ||||||
6 | including any identifying information, is relevant to the | ||||||
7 | criminal proceedings and is essential to the fair trial of the | ||||||
8 | person, the court may order the disclosure of that report or | ||||||
9 | information, including any identifying information, as | ||||||
10 | determined appropriate by the court. | ||||||
11 | The court may place restrictions on the release and use of | ||||||
12 | the report or information, including any identifying | ||||||
13 | information, obtained under this subsection (a) or may redact | ||||||
14 | material as it considers appropriate. Material reviewed by the | ||||||
15 | court that is not ordered released or that is redacted shall be | ||||||
16 | maintained by the court under seal for purposes of appeal | ||||||
17 | only. | ||||||
18 | (b) If the State's Attorney has reason to believe that a | ||||||
19 | report or other information provided under Section 10 was | ||||||
20 | falsely provided to the Illinois State Police, the State's | ||||||
21 | Attorney may petition the court to disclose the report or | ||||||
22 | information, including any identifying information. | ||||||
23 | The Attorney General shall be notified of the petition not | ||||||
24 | less than 7 days before the hearing on the petition, or as | ||||||
25 | otherwise provided by the court, and has the right to appear in | ||||||
26 | the proceedings to oppose the petition. |
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1 | If the court determines that there is reason to believe | ||||||
2 | that the report or information may have been falsely provided, | ||||||
3 | the court may order the disclosure of the report or | ||||||
4 | information, including any identifying information, as | ||||||
5 | determined appropriate by the court. | ||||||
6 | The court may place restrictions on the release and use of | ||||||
7 | the report or information, including any identifying | ||||||
8 | information, obtained under this subsection (b) or may redact | ||||||
9 | material as it considers appropriate.
Material reviewed by the | ||||||
10 | court that is not ordered released or that is redacted shall be | ||||||
11 | maintained by the court under seal for purposes of appeal | ||||||
12 | only. | ||||||
13 | (c) The Attorney General may also appear in any other | ||||||
14 | action to oppose the release of any report or information | ||||||
15 | obtained under Section 10, including any identifying | ||||||
16 | information.
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17 | Section 30. Funding. | ||||||
18 | (a) The Illinois State Police may receive money or other | ||||||
19 | assets from any source for deposit into the State Police | ||||||
20 | Operations Assistance Fund. All moneys deposited under this | ||||||
21 | Act into the State Police Operations Assistance Fund shall be | ||||||
22 | used, subject to appropriation, by the Illinois State Police | ||||||
23 | only for one or more of the following purposes: | ||||||
24 | (1) To pay the costs of the Illinois State Police for | ||||||
25 | administering this Act. |
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1 | (2) To pay the costs of personnel to staff the program | ||||||
2 | under Section 10. | ||||||
3 | (3) To pay for equipment and software for operating | ||||||
4 | the program. | ||||||
5 | (4) To promote public awareness of the program, | ||||||
6 | including the availability of Safe2Help Illinois and the | ||||||
7 | dedicated website under subsection (c) of Section 10. | ||||||
8 | (5) To support the delivery of training and education | ||||||
9 | on topics that address prevention of potential harm or | ||||||
10 | criminal activities directed at school students, school | ||||||
11 | employees, and schools. | ||||||
12 | (b) The Illinois State Police may also accept | ||||||
13 | contributions, grants, gifts, assets, donations, services, or | ||||||
14 | other financial assistance from any individual, association, | ||||||
15 | corporation, or other organization having a legitimate | ||||||
16 | interest in the Safe2Help Illinois helpline and the health and | ||||||
17 | well-being of students which shall be deposited in the State | ||||||
18 | Police Operations Assistance Fund.
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19 | Section 35. Procurement; rulemaking.
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20 | The Illinois State Police, in consultation with
and | ||||||
21 | subject to the approval of the Chief Procurement Officer,
may | ||||||
22 | procure a single contract or multiple contracts to
implement | ||||||
23 | the provisions of this Act. A contract or contracts
under this | ||||||
24 | subsection are not subject to the provisions of the
Illinois | ||||||
25 | Procurement Code, except for Sections 20-60, 20-65,
20-70, and |
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1 | 20-160 and Article 50 of that Code, provided that
the Chief | ||||||
2 | Procurement Officer may, in writing with
justification, waive | ||||||
3 | any certification required under Article
50.
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4 | Section 40. Annual reporting. The Safe2Help Illinois | ||||||
5 | program manager,
in consultation with the Illinois State | ||||||
6 | Police and the State Board of Education, shall prepare an | ||||||
7 | annual report under this Act. The report shall be filed no | ||||||
8 | later than 90 days after the conclusion of the calendar year. | ||||||
9 | Copies of the report shall be filed with the Governor and the | ||||||
10 | General Assembly as provided in Section 3.1 of the General | ||||||
11 | Assembly Organization Act. The report shall also be maintained | ||||||
12 | on the dedicated Safe2Help Illinois website under subsection | ||||||
13 | (c) of Section 10. The report shall contain, but is not limited | ||||||
14 | to, all of the following information: | ||||||
15 | (1) The number of reports submitted to the program | ||||||
16 | under Section 10. | ||||||
17 | (2) The number of reports submitted to the program | ||||||
18 | that are forwarded to local law enforcement officials and | ||||||
19 | school officials. | ||||||
20 | (3) The number of reports submitted to the program | ||||||
21 | resulting in referrals for human services. | ||||||
22 | (4) The nature of the reports and information | ||||||
23 | submitted to the program in categories established by the | ||||||
24 | Illinois State Police. | ||||||
25 | (5) An analysis of the overall effectiveness of the |
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1 | program in addressing potential self-harm or potential | ||||||
2 | harm or criminal acts directed at schools, school | ||||||
3 | employees, and school students.
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4 | Section 45. Immunity. A Safe2Help Illinois helpline | ||||||
5 | employee, law enforcement agency, or law enforcement official | ||||||
6 | acting in good faith in compliance with this Act shall have | ||||||
7 | immunity from any civil or criminal liability that might | ||||||
8 | otherwise occur as a result of handling tips described in this | ||||||
9 | Act, with the exception of willful or wanton misconduct.
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10 | Section 905. The Freedom of Information Act is amended by | ||||||
11 | changing Section 7 as follows:
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12 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
13 | Sec. 7. Exemptions.
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14 | (1) When a request is made to inspect or copy a public | ||||||
15 | record that contains information that is exempt from | ||||||
16 | disclosure under this Section, but also contains information | ||||||
17 | that is not exempt from disclosure, the public body may elect | ||||||
18 | to redact the information that is exempt. The public body | ||||||
19 | shall make the remaining information available for inspection | ||||||
20 | and copying. Subject to this requirement, the following shall | ||||||
21 | be exempt from inspection and copying:
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22 | (a) Information specifically prohibited from | ||||||
23 | disclosure by federal or
State law or rules and |
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1 | regulations implementing federal or State law.
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2 | (b) Private information, unless disclosure is required | ||||||
3 | by another provision of this Act, a State or federal law or | ||||||
4 | a court order. | ||||||
5 | (b-5) Files, documents, and other data or databases | ||||||
6 | maintained by one or more law enforcement agencies and | ||||||
7 | specifically designed to provide information to one or | ||||||
8 | more law enforcement agencies regarding the physical or | ||||||
9 | mental status of one or more individual subjects. | ||||||
10 | (c) Personal information contained within public | ||||||
11 | records, the disclosure of which would constitute a | ||||||
12 | clearly
unwarranted invasion of personal privacy, unless | ||||||
13 | the disclosure is
consented to in writing by the | ||||||
14 | individual subjects of the information. "Unwarranted | ||||||
15 | invasion of personal privacy" means the disclosure of | ||||||
16 | information that is highly personal or objectionable to a | ||||||
17 | reasonable person and in which the subject's right to | ||||||
18 | privacy outweighs any legitimate public interest in | ||||||
19 | obtaining the information. The
disclosure of information | ||||||
20 | that bears on the public duties of public
employees and | ||||||
21 | officials shall not be considered an invasion of personal
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22 | privacy.
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23 | (d) Records in the possession of any public body | ||||||
24 | created in the course of administrative enforcement
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25 | proceedings, and any law enforcement or correctional | ||||||
26 | agency for
law enforcement purposes,
but only to the |
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1 | extent that disclosure would:
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2 | (i) interfere with pending or actually and | ||||||
3 | reasonably contemplated
law enforcement proceedings | ||||||
4 | conducted by any law enforcement or correctional
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5 | agency that is the recipient of the request;
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6 | (ii) interfere with active administrative | ||||||
7 | enforcement proceedings
conducted by the public body | ||||||
8 | that is the recipient of the request;
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9 | (iii) create a substantial likelihood that a | ||||||
10 | person will be deprived of a fair trial or an impartial | ||||||
11 | hearing;
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12 | (iv) unavoidably disclose the identity of a | ||||||
13 | confidential source, confidential information | ||||||
14 | furnished only by the confidential source, or persons | ||||||
15 | who file complaints with or provide information to | ||||||
16 | administrative, investigative, law enforcement, or | ||||||
17 | penal agencies; except that the identities of | ||||||
18 | witnesses to traffic accidents, traffic accident | ||||||
19 | reports, and rescue reports shall be provided by | ||||||
20 | agencies of local government, except when disclosure | ||||||
21 | would interfere with an active criminal investigation | ||||||
22 | conducted by the agency that is the recipient of the | ||||||
23 | request;
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24 | (v) disclose unique or specialized investigative | ||||||
25 | techniques other than
those generally used and known | ||||||
26 | or disclose internal documents of
correctional |
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1 | agencies related to detection, observation or | ||||||
2 | investigation of
incidents of crime or misconduct, and | ||||||
3 | disclosure would result in demonstrable harm to the | ||||||
4 | agency or public body that is the recipient of the | ||||||
5 | request;
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6 | (vi) endanger the life or physical safety of law | ||||||
7 | enforcement personnel
or any other person; or
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8 | (vii) obstruct an ongoing criminal investigation | ||||||
9 | by the agency that is the recipient of the request.
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10 | (d-5) A law enforcement record created for law | ||||||
11 | enforcement purposes and contained in a shared electronic | ||||||
12 | record management system if the law enforcement agency | ||||||
13 | that is the recipient of the request did not create the | ||||||
14 | record, did not participate in or have a role in any of the | ||||||
15 | events which are the subject of the record, and only has | ||||||
16 | access to the record through the shared electronic record | ||||||
17 | management system. | ||||||
18 | (d-6) Records contained in the Officer Professional | ||||||
19 | Conduct Database under Section 9.2 9.4 of the Illinois | ||||||
20 | Police Training Act, except to the extent authorized under | ||||||
21 | that Section. This includes the documents supplied to the | ||||||
22 | Illinois Law Enforcement Training Standards Board from the | ||||||
23 | Illinois State Police and Illinois State Police Merit | ||||||
24 | Board. | ||||||
25 | (e) Records that relate to or affect the security of | ||||||
26 | correctional
institutions and detention facilities.
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1 | (e-5) Records requested by persons committed to the | ||||||
2 | Department of Corrections, Department of Human Services | ||||||
3 | Division of Mental Health, or a county jail if those | ||||||
4 | materials are available in the library of the correctional | ||||||
5 | institution or facility or jail where the inmate is | ||||||
6 | confined. | ||||||
7 | (e-6) Records requested by persons committed to the | ||||||
8 | Department of Corrections, Department of Human Services | ||||||
9 | Division of Mental Health, or a county jail if those | ||||||
10 | materials include records from staff members' personnel | ||||||
11 | files, staff rosters, or other staffing assignment | ||||||
12 | information. | ||||||
13 | (e-7) Records requested by persons committed to the | ||||||
14 | Department of Corrections or Department of Human Services | ||||||
15 | Division of Mental Health if those materials are available | ||||||
16 | through an administrative request to the Department of | ||||||
17 | Corrections or Department of Human Services Division of | ||||||
18 | Mental Health. | ||||||
19 | (e-8) Records requested by a person committed to the | ||||||
20 | Department of Corrections, Department of Human Services | ||||||
21 | Division of Mental Health, or a county jail, the | ||||||
22 | disclosure of which would result in the risk of harm to any | ||||||
23 | person or the risk of an escape from a jail or correctional | ||||||
24 | institution or facility. | ||||||
25 | (e-9) Records requested by a person in a county jail | ||||||
26 | or committed to the Department of Corrections or |
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1 | Department of Human Services Division of Mental Health, | ||||||
2 | containing personal information pertaining to the person's | ||||||
3 | victim or the victim's family, including, but not limited | ||||||
4 | to, a victim's home address, home telephone number, work | ||||||
5 | or school address, work telephone number, social security | ||||||
6 | number, or any other identifying information, except as | ||||||
7 | may be relevant to a requester's current or potential case | ||||||
8 | or claim. | ||||||
9 | (e-10) Law enforcement records of other persons | ||||||
10 | requested by a person committed to the Department of | ||||||
11 | Corrections, Department of Human Services Division of | ||||||
12 | Mental Health, or a county jail, including, but not | ||||||
13 | limited to, arrest and booking records, mug shots, and | ||||||
14 | crime scene photographs, except as these records may be | ||||||
15 | relevant to the requester's current or potential case or | ||||||
16 | claim. | ||||||
17 | (f) Preliminary drafts, notes, recommendations, | ||||||
18 | memoranda and other
records in which opinions are | ||||||
19 | expressed, or policies or actions are
formulated, except | ||||||
20 | that a specific record or relevant portion of a
record | ||||||
21 | shall not be exempt when the record is publicly cited
and | ||||||
22 | identified by the head of the public body. The exemption | ||||||
23 | provided in
this paragraph (f) extends to all those | ||||||
24 | records of officers and agencies
of the General Assembly | ||||||
25 | that pertain to the preparation of legislative
documents.
| ||||||
26 | (g) Trade secrets and commercial or financial |
| |||||||
| |||||||
1 | information obtained from
a person or business where the | ||||||
2 | trade secrets or commercial or financial information are | ||||||
3 | furnished under a claim that they are
proprietary, | ||||||
4 | privileged, or confidential, and that disclosure of the | ||||||
5 | trade
secrets or commercial or financial information would | ||||||
6 | cause competitive harm to the person or business, and only | ||||||
7 | insofar as the claim directly applies to the records | ||||||
8 | requested. | ||||||
9 | The information included under this exemption includes | ||||||
10 | all trade secrets and commercial or financial information | ||||||
11 | obtained by a public body, including a public pension | ||||||
12 | fund, from a private equity fund or a privately held | ||||||
13 | company within the investment portfolio of a private | ||||||
14 | equity fund as a result of either investing or evaluating | ||||||
15 | a potential investment of public funds in a private equity | ||||||
16 | fund. The exemption contained in this item does not apply | ||||||
17 | to the aggregate financial performance information of a | ||||||
18 | private equity fund, nor to the identity of the fund's | ||||||
19 | managers or general partners. The exemption contained in | ||||||
20 | this item does not apply to the identity of a privately | ||||||
21 | held company within the investment portfolio of a private | ||||||
22 | equity fund, unless the disclosure of the identity of a | ||||||
23 | privately held company may cause competitive harm. | ||||||
24 | Nothing contained in this
paragraph (g) shall be | ||||||
25 | construed to prevent a person or business from
consenting | ||||||
26 | to disclosure.
|
| |||||||
| |||||||
1 | (h) Proposals and bids for any contract, grant, or | ||||||
2 | agreement, including
information which if it were | ||||||
3 | disclosed would frustrate procurement or give
an advantage | ||||||
4 | to any person proposing to enter into a contractor | ||||||
5 | agreement
with the body, until an award or final selection | ||||||
6 | is made. Information
prepared by or for the body in | ||||||
7 | preparation of a bid solicitation shall be
exempt until an | ||||||
8 | award or final selection is made.
| ||||||
9 | (i) Valuable formulae,
computer geographic systems,
| ||||||
10 | designs, drawings and research data obtained or
produced | ||||||
11 | by any public body when disclosure could reasonably be | ||||||
12 | expected to
produce private gain or public loss.
The | ||||||
13 | exemption for "computer geographic systems" provided in | ||||||
14 | this paragraph
(i) does not extend to requests made by | ||||||
15 | news media as defined in Section 2 of
this Act when the | ||||||
16 | requested information is not otherwise exempt and the only
| ||||||
17 | purpose of the request is to access and disseminate | ||||||
18 | information regarding the
health, safety, welfare, or | ||||||
19 | legal rights of the general public.
| ||||||
20 | (j) The following information pertaining to | ||||||
21 | educational matters: | ||||||
22 | (i) test questions, scoring keys and other | ||||||
23 | examination data used to
administer an academic | ||||||
24 | examination;
| ||||||
25 | (ii) information received by a primary or | ||||||
26 | secondary school, college, or university under its |
| |||||||
| |||||||
1 | procedures for the evaluation of faculty members by | ||||||
2 | their academic peers; | ||||||
3 | (iii) information concerning a school or | ||||||
4 | university's adjudication of student disciplinary | ||||||
5 | cases, but only to the extent that disclosure would | ||||||
6 | unavoidably reveal the identity of the student; and | ||||||
7 | (iv) course materials or research materials used | ||||||
8 | by faculty members. | ||||||
9 | (k) Architects' plans, engineers' technical | ||||||
10 | submissions, and
other
construction related technical | ||||||
11 | documents for
projects not constructed or developed in | ||||||
12 | whole or in part with public funds
and the same for | ||||||
13 | projects constructed or developed with public funds, | ||||||
14 | including, but not limited to, power generating and | ||||||
15 | distribution stations and other transmission and | ||||||
16 | distribution facilities, water treatment facilities, | ||||||
17 | airport facilities, sport stadiums, convention centers, | ||||||
18 | and all government owned, operated, or occupied buildings, | ||||||
19 | but
only to the extent
that disclosure would compromise | ||||||
20 | security.
| ||||||
21 | (l) Minutes of meetings of public bodies closed to the
| ||||||
22 | public as provided in the Open Meetings Act until the | ||||||
23 | public body
makes the minutes available to the public | ||||||
24 | under Section 2.06 of the Open
Meetings Act.
| ||||||
25 | (m) Communications between a public body and an | ||||||
26 | attorney or auditor
representing the public body that |
| |||||||
| |||||||
1 | would not be subject to discovery in
litigation, and | ||||||
2 | materials prepared or compiled by or for a public body in
| ||||||
3 | anticipation of a criminal, civil, or administrative | ||||||
4 | proceeding upon the
request of an attorney advising the | ||||||
5 | public body, and materials prepared or
compiled with | ||||||
6 | respect to internal audits of public bodies.
| ||||||
7 | (n) Records relating to a public body's adjudication | ||||||
8 | of employee grievances or disciplinary cases; however, | ||||||
9 | this exemption shall not extend to the final outcome of | ||||||
10 | cases in which discipline is imposed.
| ||||||
11 | (o) Administrative or technical information associated | ||||||
12 | with automated
data processing operations, including, but | ||||||
13 | not limited to, software,
operating protocols, computer | ||||||
14 | program abstracts, file layouts, source
listings, object | ||||||
15 | modules, load modules, user guides, documentation
| ||||||
16 | pertaining to all logical and physical design of | ||||||
17 | computerized systems,
employee manuals, and any other | ||||||
18 | information that, if disclosed, would
jeopardize the | ||||||
19 | security of the system or its data or the security of
| ||||||
20 | materials exempt under this Section.
| ||||||
21 | (p) Records relating to collective negotiating matters
| ||||||
22 | between public bodies and their employees or | ||||||
23 | representatives, except that
any final contract or | ||||||
24 | agreement shall be subject to inspection and copying.
| ||||||
25 | (q) Test questions, scoring keys, and other | ||||||
26 | examination data used to determine the qualifications of |
| |||||||
| |||||||
1 | an applicant for a license or employment.
| ||||||
2 | (r) The records, documents, and information relating | ||||||
3 | to real estate
purchase negotiations until those | ||||||
4 | negotiations have been completed or
otherwise terminated. | ||||||
5 | With regard to a parcel involved in a pending or
actually | ||||||
6 | and reasonably contemplated eminent domain proceeding | ||||||
7 | under the Eminent Domain Act, records, documents, and
| ||||||
8 | information relating to that parcel shall be exempt except | ||||||
9 | as may be
allowed under discovery rules adopted by the | ||||||
10 | Illinois Supreme Court. The
records, documents, and | ||||||
11 | information relating to a real estate sale shall be
exempt | ||||||
12 | until a sale is consummated.
| ||||||
13 | (s) Any and all proprietary information and records | ||||||
14 | related to the
operation of an intergovernmental risk | ||||||
15 | management association or
self-insurance pool or jointly | ||||||
16 | self-administered health and accident
cooperative or pool.
| ||||||
17 | Insurance or self insurance (including any | ||||||
18 | intergovernmental risk management association or self | ||||||
19 | insurance pool) claims, loss or risk management | ||||||
20 | information, records, data, advice or communications.
| ||||||
21 | (t) Information contained in or related to | ||||||
22 | examination, operating, or
condition reports prepared by, | ||||||
23 | on behalf of, or for the use of a public
body responsible | ||||||
24 | for the regulation or supervision of financial
| ||||||
25 | institutions, insurance companies, or pharmacy benefit | ||||||
26 | managers, unless disclosure is otherwise
required by State |
| |||||||
| |||||||
1 | law.
| ||||||
2 | (u) Information that would disclose
or might lead to | ||||||
3 | the disclosure of
secret or confidential information, | ||||||
4 | codes, algorithms, programs, or private
keys intended to | ||||||
5 | be used to create electronic signatures under the Uniform | ||||||
6 | Electronic Transactions Act.
| ||||||
7 | (v) Vulnerability assessments, security measures, and | ||||||
8 | response policies
or plans that are designed to identify, | ||||||
9 | prevent, or respond to potential
attacks upon a | ||||||
10 | community's population or systems, facilities, or | ||||||
11 | installations,
the destruction or contamination of which | ||||||
12 | would constitute a clear and present
danger to the health | ||||||
13 | or safety of the community, but only to the extent that
| ||||||
14 | disclosure could reasonably be expected to jeopardize the | ||||||
15 | effectiveness of the
measures or the safety of the | ||||||
16 | personnel who implement them or the public.
Information | ||||||
17 | exempt under this item may include such things as details
| ||||||
18 | pertaining to the mobilization or deployment of personnel | ||||||
19 | or equipment, to the
operation of communication systems or | ||||||
20 | protocols, or to tactical operations.
| ||||||
21 | (w) (Blank). | ||||||
22 | (x) Maps and other records regarding the location or | ||||||
23 | security of generation, transmission, distribution, | ||||||
24 | storage, gathering,
treatment, or switching facilities | ||||||
25 | owned by a utility, by a power generator, or by the | ||||||
26 | Illinois Power Agency.
|
| |||||||
| |||||||
1 | (y) Information contained in or related to proposals, | ||||||
2 | bids, or negotiations related to electric power | ||||||
3 | procurement under Section 1-75 of the Illinois Power | ||||||
4 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
5 | Act that is determined to be confidential and proprietary | ||||||
6 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
7 | Commission.
| ||||||
8 | (z) Information about students exempted from | ||||||
9 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
10 | School Code, and information about undergraduate students | ||||||
11 | enrolled at an institution of higher education exempted | ||||||
12 | from disclosure under Section 25 of the Illinois Credit | ||||||
13 | Card Marketing Act of 2009. | ||||||
14 | (aa) Information the disclosure of which is
exempted | ||||||
15 | under the Viatical Settlements Act of 2009.
| ||||||
16 | (bb) Records and information provided to a mortality | ||||||
17 | review team and records maintained by a mortality review | ||||||
18 | team appointed under the Department of Juvenile Justice | ||||||
19 | Mortality Review Team Act. | ||||||
20 | (cc) Information regarding interments, entombments, or | ||||||
21 | inurnments of human remains that are submitted to the | ||||||
22 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
23 | the Cemetery Oversight Act, whichever is applicable. | ||||||
24 | (dd) Correspondence and records (i) that may not be | ||||||
25 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
26 | Code or (ii) that pertain to appeals under Section 11-8 of |
| |||||||
| |||||||
1 | the Illinois Public Aid Code. | ||||||
2 | (ee) The names, addresses, or other personal | ||||||
3 | information of persons who are minors and are also | ||||||
4 | participants and registrants in programs of park | ||||||
5 | districts, forest preserve districts, conservation | ||||||
6 | districts, recreation agencies, and special recreation | ||||||
7 | associations. | ||||||
8 | (ff) The names, addresses, or other personal | ||||||
9 | information of participants and registrants in programs of | ||||||
10 | park districts, forest preserve districts, conservation | ||||||
11 | districts, recreation agencies, and special recreation | ||||||
12 | associations where such programs are targeted primarily to | ||||||
13 | minors. | ||||||
14 | (gg) Confidential information described in Section | ||||||
15 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
16 | 2012. | ||||||
17 | (hh) The report submitted to the State Board of | ||||||
18 | Education by the School Security and Standards Task Force | ||||||
19 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
20 | School Code and any information contained in that report. | ||||||
21 | (ii) Records requested by persons committed to or | ||||||
22 | detained by the Department of Human Services under the | ||||||
23 | Sexually Violent Persons Commitment Act or committed to | ||||||
24 | the Department of Corrections under the Sexually Dangerous | ||||||
25 | Persons Act if those materials: (i) are available in the | ||||||
26 | library of the facility where the individual is confined; |
| |||||||
| |||||||
1 | (ii) include records from staff members' personnel files, | ||||||
2 | staff rosters, or other staffing assignment information; | ||||||
3 | or (iii) are available through an administrative request | ||||||
4 | to the Department of Human Services or the Department of | ||||||
5 | Corrections. | ||||||
6 | (jj) Confidential information described in Section | ||||||
7 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
8 | (kk) The public body's credit card numbers, debit card | ||||||
9 | numbers, bank account numbers, Federal Employer | ||||||
10 | Identification Number, security code numbers, passwords, | ||||||
11 | and similar account information, the disclosure of which | ||||||
12 | could result in identity theft or impression or defrauding | ||||||
13 | of a governmental entity or a person. | ||||||
14 | (ll) Records concerning the work of the threat | ||||||
15 | assessment team of a school district. | ||||||
16 | (mm) Information prohibited from being disclosed under | ||||||
17 | subsections (a) and (b) of Section 15 of the Student | ||||||
18 | Confidential Reporting Act. | ||||||
19 | (1.5) Any information exempt from disclosure under the | ||||||
20 | Judicial Privacy Act shall be redacted from public records | ||||||
21 | prior to disclosure under this Act. | ||||||
22 | (2) A public record that is not in the possession of a | ||||||
23 | public body but is in the possession of a party with whom the | ||||||
24 | agency has contracted to perform a governmental function on | ||||||
25 | behalf of the public body, and that directly relates to the | ||||||
26 | governmental function and is not otherwise exempt under this |
| |||||||
| |||||||
1 | Act, shall be considered a public record of the public body, | ||||||
2 | for purposes of this Act. | ||||||
3 | (3) This Section does not authorize withholding of | ||||||
4 | information or limit the
availability of records to the | ||||||
5 | public, except as stated in this Section or
otherwise provided | ||||||
6 | in this Act.
| ||||||
7 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
8 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
9 | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
| ||||||
10 | Section 910. The Illinois State Police Law of the
Civil | ||||||
11 | Administrative Code of Illinois is amended by adding Section | ||||||
12 | 2605-620 as follows:
| ||||||
13 | (20 ILCS 2605/2605-620 new) | ||||||
14 | Sec. 2605-620. School helpline program. The Illinois State | ||||||
15 | Police shall establish a school helpline program in accordance | ||||||
16 | with the Student Confidential Reporting Act.
| ||||||
17 | Section 915. The Juvenile Court Act of 1987 is amended by | ||||||
18 | changing Sections 1-7 and 5-915 as follows:
| ||||||
19 | (705 ILCS 405/1-7)
| ||||||
20 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
21 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
22 | municipal ordinance violation records.
|
| |||||||
| |||||||
1 | (A) All juvenile law enforcement records which have not | ||||||
2 | been expunged are confidential and may never be disclosed to | ||||||
3 | the general public or otherwise made widely available. | ||||||
4 | Juvenile law enforcement records may be obtained only under | ||||||
5 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
6 | Act, when their use is needed for good cause and with an order | ||||||
7 | from the juvenile court, as required by those not authorized | ||||||
8 | to retain them. Inspection, copying, and disclosure of | ||||||
9 | juvenile law enforcement records maintained by law
enforcement | ||||||
10 | agencies or records of municipal ordinance violations | ||||||
11 | maintained by any State, local, or municipal agency that | ||||||
12 | relate to a minor who has been investigated, arrested, or | ||||||
13 | taken
into custody before his or her 18th birthday shall be | ||||||
14 | restricted to the
following:
| ||||||
15 | (0.05) The minor who is the subject of the juvenile | ||||||
16 | law enforcement record, his or her parents, guardian, and | ||||||
17 | counsel. | ||||||
18 | (0.10) Judges of the circuit court and members of the | ||||||
19 | staff of the court designated by the judge. | ||||||
20 | (0.15) An administrative adjudication hearing officer | ||||||
21 | or members of the staff designated to assist in the | ||||||
22 | administrative adjudication process. | ||||||
23 | (1) Any local, State, or federal law enforcement | ||||||
24 | officers or designated law enforcement staff of any
| ||||||
25 | jurisdiction or agency when necessary for the discharge of | ||||||
26 | their official
duties during the investigation or |
| |||||||
| |||||||
1 | prosecution of a crime or relating to a
minor who has been | ||||||
2 | adjudicated delinquent and there has been a previous | ||||||
3 | finding
that the act which constitutes the previous | ||||||
4 | offense was committed in
furtherance of criminal | ||||||
5 | activities by a criminal street gang, or, when necessary | ||||||
6 | for the discharge of its official duties in connection | ||||||
7 | with a particular investigation of the conduct of a law | ||||||
8 | enforcement officer, an independent agency or its staff | ||||||
9 | created by ordinance and charged by a unit of local | ||||||
10 | government with the duty of investigating the conduct of | ||||||
11 | law enforcement officers. For purposes of
this Section, | ||||||
12 | "criminal street gang" has the meaning ascribed to it in
| ||||||
13 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
14 | Prevention Act.
| ||||||
15 | (2) Prosecutors, public defenders, probation officers, | ||||||
16 | social workers, or other
individuals assigned by the court | ||||||
17 | to conduct a pre-adjudication or
pre-disposition | ||||||
18 | investigation, and individuals responsible for supervising
| ||||||
19 | or providing temporary or permanent care and custody for | ||||||
20 | minors under
the order of the juvenile court, when | ||||||
21 | essential to performing their
responsibilities.
| ||||||
22 | (3) Federal, State, or local prosecutors, public | ||||||
23 | defenders, probation officers, and designated staff:
| ||||||
24 | (a) in the course of a trial when institution of | ||||||
25 | criminal proceedings
has been permitted or required | ||||||
26 | under Section 5-805;
|
| |||||||
| |||||||
1 | (b) when institution of criminal proceedings has | ||||||
2 | been permitted or required under Section 5-805 and the | ||||||
3 | minor is the
subject
of a proceeding to determine the | ||||||
4 | amount of bail;
| ||||||
5 | (c) when criminal proceedings have been permitted
| ||||||
6 | or
required under Section 5-805 and the minor is the | ||||||
7 | subject of a
pre-trial
investigation, pre-sentence | ||||||
8 | investigation, fitness hearing, or proceedings
on an | ||||||
9 | application for probation; or
| ||||||
10 | (d) in the course of prosecution or administrative | ||||||
11 | adjudication of a violation of a traffic, boating, or | ||||||
12 | fish and game law, or a county or municipal ordinance. | ||||||
13 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
14 | (5) Authorized military personnel.
| ||||||
15 | (5.5) Employees of the federal government authorized | ||||||
16 | by law. | ||||||
17 | (6) Persons engaged in bona fide research, with the | ||||||
18 | permission of the
Presiding Judge and the chief executive | ||||||
19 | of the respective
law enforcement agency; provided that | ||||||
20 | publication of such research results
in no disclosure of a | ||||||
21 | minor's identity and protects the confidentiality
of the | ||||||
22 | minor's record.
| ||||||
23 | (7) Department of Children and Family Services child | ||||||
24 | protection
investigators acting in their official | ||||||
25 | capacity.
| ||||||
26 | (8) The appropriate school official only if the agency |
| |||||||
| |||||||
1 | or officer believes that there is an imminent threat of | ||||||
2 | physical harm to students, school personnel, or others who | ||||||
3 | are present in the school or on school grounds. | ||||||
4 | (A) Inspection and copying
shall be limited to | ||||||
5 | juvenile law enforcement records transmitted to the | ||||||
6 | appropriate
school official or officials whom the | ||||||
7 | school has determined to have a legitimate educational | ||||||
8 | or safety interest by a local law enforcement agency | ||||||
9 | under a reciprocal reporting
system established and | ||||||
10 | maintained between the school district and the local | ||||||
11 | law
enforcement agency under Section 10-20.14 of the | ||||||
12 | School Code concerning a minor
enrolled in a school | ||||||
13 | within the school district who has been arrested or | ||||||
14 | taken
into custody for any of the following offenses:
| ||||||
15 | (i) any violation of Article 24 of the | ||||||
16 | Criminal Code of
1961 or the Criminal Code of | ||||||
17 | 2012;
| ||||||
18 | (ii) a violation of the Illinois Controlled | ||||||
19 | Substances Act;
| ||||||
20 | (iii) a violation of the Cannabis Control Act;
| ||||||
21 | (iv) a forcible felony as defined in Section | ||||||
22 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
23 | Code of 2012; | ||||||
24 | (v) a violation of the Methamphetamine Control | ||||||
25 | and Community Protection Act;
| ||||||
26 | (vi) a violation of Section 1-2 of the |
| |||||||
| |||||||
1 | Harassing and Obscene Communications Act; | ||||||
2 | (vii) a violation of the Hazing Act; or | ||||||
3 | (viii) a violation of Section 12-1, 12-2, | ||||||
4 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
5 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012. | ||||||
8 | The information derived from the juvenile law | ||||||
9 | enforcement records shall be kept separate from and | ||||||
10 | shall not become a part of the official school record | ||||||
11 | of that child and shall not be a public record. The | ||||||
12 | information shall be used solely by the appropriate | ||||||
13 | school official or officials whom the school has | ||||||
14 | determined to have a legitimate educational or safety | ||||||
15 | interest to aid in the proper rehabilitation of the | ||||||
16 | child and to protect the safety of students and | ||||||
17 | employees in the school. If the designated law | ||||||
18 | enforcement and school officials deem it to be in the | ||||||
19 | best interest of the minor, the student may be | ||||||
20 | 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 |
| |||||||
| |||||||
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 juvenile law | ||||||
10 | enforcement records, and shall be used solely by the | ||||||
11 | appropriate school official or officials to protect | ||||||
12 | the safety of students and employees in the school and | ||||||
13 | aid in the proper rehabilitation of the child. The | ||||||
14 | information derived orally from the local law | ||||||
15 | enforcement officials shall be kept separate from and | ||||||
16 | shall not become a part of the official school record | ||||||
17 | of the child and shall not be a public record. This | ||||||
18 | limitation on the use of information about a minor who | ||||||
19 | is the subject of a current police investigation shall | ||||||
20 | in no way limit the use of this information by | ||||||
21 | prosecutors in pursuing criminal charges arising out | ||||||
22 | of the information disclosed during a police | ||||||
23 | investigation of the minor. For purposes of this | ||||||
24 | paragraph, "investigation" means an official | ||||||
25 | systematic inquiry by a law enforcement agency into | ||||||
26 | actual or suspected criminal activity. |
| |||||||
| |||||||
1 | (9) Mental health professionals on behalf of the | ||||||
2 | Department of
Corrections or the Department of Human | ||||||
3 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
4 | or investigating a potential or actual petition
brought
| ||||||
5 | under the Sexually Violent Persons Commitment Act relating | ||||||
6 | to a person who is
the
subject of juvenile law enforcement | ||||||
7 | records or the respondent to a petition
brought under the | ||||||
8 | Sexually Violent Persons Commitment Act who is the subject | ||||||
9 | of
the
juvenile law enforcement records sought.
Any | ||||||
10 | juvenile law enforcement records and any information | ||||||
11 | obtained from those juvenile law enforcement records under | ||||||
12 | this
paragraph (9) may be used only in sexually violent | ||||||
13 | persons commitment
proceedings.
| ||||||
14 | (10) The president of a park district. Inspection and | ||||||
15 | copying shall be limited to juvenile law enforcement | ||||||
16 | records transmitted to the president of the park district | ||||||
17 | by the Illinois State Police under Section 8-23 of the | ||||||
18 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
19 | District Act concerning a person who is seeking employment | ||||||
20 | with that park district and who has been adjudicated a | ||||||
21 | juvenile delinquent for any of the offenses listed in | ||||||
22 | subsection (c) of Section 8-23 of the Park District Code | ||||||
23 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
24 | District Act. | ||||||
25 | (11) Persons managing and designated to participate in | ||||||
26 | a court diversion program as designated in subsection (6) |
| |||||||
| |||||||
1 | of Section 5-105. | ||||||
2 | (12) The Public Access Counselor of the Office of the | ||||||
3 | Attorney General, when reviewing juvenile law enforcement | ||||||
4 | records under its powers and duties under the Freedom of | ||||||
5 | Information Act. | ||||||
6 | (13) Collection agencies, contracted or otherwise | ||||||
7 | engaged by a governmental entity, to collect any debts due | ||||||
8 | and owing to the governmental entity. | ||||||
9 | (B)(1) Except as provided in paragraph (2), no law | ||||||
10 | enforcement
officer or other person or agency may knowingly | ||||||
11 | transmit to the Department of
Corrections, the Illinois State | ||||||
12 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
13 | or photograph relating to a minor who
has been arrested or | ||||||
14 | taken into custody before his or her 18th birthday,
unless the | ||||||
15 | court in proceedings under this Act authorizes the | ||||||
16 | transmission or
enters an order under Section 5-805 permitting | ||||||
17 | or requiring the
institution of
criminal proceedings.
| ||||||
18 | (2) Law enforcement officers or other persons or agencies | ||||||
19 | shall transmit
to the Illinois State Police copies of | ||||||
20 | fingerprints and descriptions
of all minors who have been | ||||||
21 | arrested or taken into custody before their
18th birthday for | ||||||
22 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
24 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
26 | Class 2 or greater
felony under the Cannabis Control Act, the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
2 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
3 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
4 | Identification Act. Information reported to the Department | ||||||
5 | pursuant
to this Section may be maintained with records that | ||||||
6 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
7 | Identification Act. Nothing in this
Act prohibits a law | ||||||
8 | enforcement agency from fingerprinting a minor taken into
| ||||||
9 | custody or arrested before his or her 18th birthday for an | ||||||
10 | offense other than
those listed in this paragraph (2).
| ||||||
11 | (C) The records of law enforcement officers, or of an | ||||||
12 | independent agency created by ordinance and charged by a unit | ||||||
13 | of local government with the duty of investigating the conduct | ||||||
14 | of law enforcement officers, concerning all minors under
18 | ||||||
15 | years of age must be maintained separate from the records of | ||||||
16 | arrests and
may not be open to public inspection or their | ||||||
17 | contents disclosed to the
public. For purposes of obtaining | ||||||
18 | documents under this Section, a civil subpoena is not an order | ||||||
19 | of the court. | ||||||
20 | (1) In cases where the law enforcement, or independent | ||||||
21 | agency, records concern a pending juvenile court case, the | ||||||
22 | party seeking to inspect the records shall provide actual | ||||||
23 | notice to the attorney or guardian ad litem of the minor | ||||||
24 | whose records are sought. | ||||||
25 | (2) In cases where the records concern a juvenile | ||||||
26 | court case that is no longer pending, the party seeking to |
| |||||||
| |||||||
1 | inspect the records shall provide actual notice to the | ||||||
2 | minor or the minor's parent or legal guardian, and the | ||||||
3 | matter shall be referred to the chief judge presiding over | ||||||
4 | matters pursuant to this Act. | ||||||
5 | (3) In determining whether the records should be | ||||||
6 | available for inspection, the court shall consider the | ||||||
7 | minor's interest in confidentiality and rehabilitation | ||||||
8 | over the moving party's interest in obtaining the | ||||||
9 | information. Any records obtained in violation of this | ||||||
10 | subsection (C) shall not be admissible in any criminal or | ||||||
11 | civil proceeding, or operate to disqualify a minor from | ||||||
12 | subsequently holding public office or securing employment, | ||||||
13 | or operate as a forfeiture of any public benefit, right, | ||||||
14 | privilege, or right to receive any license granted by | ||||||
15 | public authority.
| ||||||
16 | (D) Nothing contained in subsection (C) of this Section | ||||||
17 | shall prohibit
the inspection or disclosure to victims and | ||||||
18 | witnesses of photographs
contained in the records of law | ||||||
19 | enforcement agencies when the
inspection and disclosure is | ||||||
20 | conducted in the presence of a law enforcement
officer for the | ||||||
21 | purpose of the identification or apprehension of any person
| ||||||
22 | subject to the provisions of this Act or for the investigation | ||||||
23 | or
prosecution of any crime.
| ||||||
24 | (E) Law enforcement officers, and personnel of an | ||||||
25 | independent agency created by ordinance and charged by a unit | ||||||
26 | of local government with the duty of investigating the conduct |
| |||||||
| |||||||
1 | of law enforcement officers, may not disclose the identity of | ||||||
2 | any minor
in releasing information to the general public as to | ||||||
3 | the arrest, investigation
or disposition of any case involving | ||||||
4 | a minor.
| ||||||
5 | (F) Nothing contained in this Section shall prohibit law | ||||||
6 | enforcement
agencies from communicating with each other by | ||||||
7 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
8 | or other means the identity or other relevant
information | ||||||
9 | pertaining to a person under 18 years of age if there are
| ||||||
10 | reasonable grounds to believe that the person poses a real and | ||||||
11 | present danger
to the safety of the public or law enforcement | ||||||
12 | officers. The information
provided under this subsection (F) | ||||||
13 | shall remain confidential and shall not
be publicly disclosed, | ||||||
14 | except as otherwise allowed by law.
| ||||||
15 | (G) Nothing in this Section shall prohibit the right of a | ||||||
16 | Civil Service
Commission or appointing authority of any | ||||||
17 | federal government, state, county or municipality
examining | ||||||
18 | the character and fitness of an applicant for employment with | ||||||
19 | a law
enforcement agency, correctional institution, or fire | ||||||
20 | department
from obtaining and examining the
records of any law | ||||||
21 | enforcement agency relating to any record of the applicant
| ||||||
22 | having been arrested or taken into custody before the | ||||||
23 | applicant's 18th
birthday.
| ||||||
24 | (G-5) Information identifying victims and alleged victims | ||||||
25 | of sex offenses shall not be disclosed or open to the public | ||||||
26 | under any circumstances. Nothing in this Section shall |
| |||||||
| |||||||
1 | prohibit the victim or alleged victim of any sex offense from | ||||||
2 | voluntarily disclosing his or her own identity. | ||||||
3 | (H) The changes made to this Section by Public Act 98-61 | ||||||
4 | apply to law enforcement records of a minor who has been | ||||||
5 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
6 | effective date of Public Act 98-61). | ||||||
7 | (H-5) Nothing in this Section shall require any court or | ||||||
8 | adjudicative proceeding for traffic, boating, fish and game | ||||||
9 | law, or municipal and county ordinance violations to be closed | ||||||
10 | to the public. | ||||||
11 | (I) Willful violation of this Section is a Class C | ||||||
12 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
13 | This subsection (I) shall not apply to the person who is the | ||||||
14 | subject of the record. | ||||||
15 | (J) A person convicted of violating this Section is liable | ||||||
16 | for damages in the amount of $1,000 or actual damages, | ||||||
17 | whichever is greater. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
19 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
20 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
21 | municipal ordinance violation records.
| ||||||
22 | (A) All juvenile law enforcement records which have not | ||||||
23 | been expunged are confidential and may never be disclosed to | ||||||
24 | the general public or otherwise made widely available. | ||||||
25 | Juvenile law enforcement records may be obtained only under |
| |||||||
| |||||||
1 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
2 | Act, when their use is needed for good cause and with an order | ||||||
3 | from the juvenile court, as required by those not authorized | ||||||
4 | to retain them. Inspection, copying, and disclosure of | ||||||
5 | juvenile law enforcement records maintained by law
enforcement | ||||||
6 | agencies or records of municipal ordinance violations | ||||||
7 | maintained by any State, local, or municipal agency that | ||||||
8 | relate to a minor who has been investigated, arrested, or | ||||||
9 | taken
into custody before his or her 18th birthday shall be | ||||||
10 | restricted to the
following:
| ||||||
11 | (0.05) The minor who is the subject of the juvenile | ||||||
12 | law enforcement record, his or her parents, guardian, and | ||||||
13 | counsel. | ||||||
14 | (0.10) Judges of the circuit court and members of the | ||||||
15 | staff of the court designated by the judge. | ||||||
16 | (0.15) An administrative adjudication hearing officer | ||||||
17 | or members of the staff designated to assist in the | ||||||
18 | administrative adjudication process. | ||||||
19 | (1) Any local, State, or federal law enforcement | ||||||
20 | officers or designated law enforcement staff of any
| ||||||
21 | jurisdiction or agency when necessary for the discharge of | ||||||
22 | their official
duties during the investigation or | ||||||
23 | prosecution of a crime or relating to a
minor who has been | ||||||
24 | adjudicated delinquent and there has been a previous | ||||||
25 | finding
that the act which constitutes the previous | ||||||
26 | offense was committed in
furtherance of criminal |
| |||||||
| |||||||
1 | activities by a criminal street gang, or, when necessary | ||||||
2 | for the discharge of its official duties in connection | ||||||
3 | with a particular investigation of the conduct of a law | ||||||
4 | enforcement officer, an independent agency or its staff | ||||||
5 | created by ordinance and charged by a unit of local | ||||||
6 | government with the duty of investigating the conduct of | ||||||
7 | law enforcement officers. For purposes of
this Section, | ||||||
8 | "criminal street gang" has the meaning ascribed to it in
| ||||||
9 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
10 | Prevention Act.
| ||||||
11 | (2) Prosecutors, public defenders, probation officers, | ||||||
12 | social workers, or other
individuals assigned by the court | ||||||
13 | to conduct a pre-adjudication or
pre-disposition | ||||||
14 | investigation, and individuals responsible for supervising
| ||||||
15 | or providing temporary or permanent care and custody for | ||||||
16 | minors under
the order of the juvenile court, when | ||||||
17 | essential to performing their
responsibilities.
| ||||||
18 | (3) Federal, State, or local prosecutors, public | ||||||
19 | defenders, probation officers, and designated staff:
| ||||||
20 | (a) in the course of a trial when institution of | ||||||
21 | criminal proceedings
has been permitted or required | ||||||
22 | under Section 5-805;
| ||||||
23 | (b) when institution of criminal proceedings has | ||||||
24 | been permitted or required under Section 5-805 and the | ||||||
25 | minor is the
subject
of a proceeding to determine the | ||||||
26 | conditions of pretrial release;
|
| |||||||
| |||||||
1 | (c) when criminal proceedings have been permitted
| ||||||
2 | or
required under Section 5-805 and the minor is the | ||||||
3 | subject of a
pre-trial
investigation, pre-sentence | ||||||
4 | investigation, fitness hearing, or proceedings
on an | ||||||
5 | application for probation; or
| ||||||
6 | (d) in the course of prosecution or administrative | ||||||
7 | adjudication of a violation of a traffic, boating, or | ||||||
8 | fish and game law, or a county or municipal ordinance. | ||||||
9 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
10 | (5) Authorized military personnel.
| ||||||
11 | (5.5) Employees of the federal government authorized | ||||||
12 | by law. | ||||||
13 | (6) Persons engaged in bona fide research, with the | ||||||
14 | permission of the
Presiding Judge and the chief executive | ||||||
15 | of the respective
law enforcement agency; provided that | ||||||
16 | publication of such research results
in no disclosure of a | ||||||
17 | minor's identity and protects the confidentiality
of the | ||||||
18 | minor's record.
| ||||||
19 | (7) Department of Children and Family Services child | ||||||
20 | protection
investigators acting in their official | ||||||
21 | capacity.
| ||||||
22 | (8) The appropriate school official only if the agency | ||||||
23 | or officer believes that there is an imminent threat of | ||||||
24 | physical harm to students, school personnel, or others who | ||||||
25 | are present in the school or on school grounds . | ||||||
26 | (A) Inspection and copying
shall be limited to |
| |||||||
| |||||||
1 | juvenile law enforcement records transmitted to the | ||||||
2 | appropriate
school official or officials whom the | ||||||
3 | school has determined to have a legitimate educational | ||||||
4 | or safety interest by a local law enforcement agency | ||||||
5 | under a reciprocal reporting
system established and | ||||||
6 | maintained between the school district and the local | ||||||
7 | law
enforcement agency under Section 10-20.14 of the | ||||||
8 | School Code concerning a minor
enrolled in a school | ||||||
9 | within the school district who has been arrested or | ||||||
10 | taken
into custody for any of the following offenses:
| ||||||
11 | (i) any violation of Article 24 of the | ||||||
12 | Criminal Code of
1961 or the Criminal Code of | ||||||
13 | 2012;
| ||||||
14 | (ii) a violation of the Illinois Controlled | ||||||
15 | Substances Act;
| ||||||
16 | (iii) a violation of the Cannabis Control Act;
| ||||||
17 | (iv) a forcible felony as defined in Section | ||||||
18 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
19 | Code of 2012; | ||||||
20 | (v) a violation of the Methamphetamine Control | ||||||
21 | and Community Protection Act;
| ||||||
22 | (vi) a violation of Section 1-2 of the | ||||||
23 | Harassing and Obscene Communications Act; | ||||||
24 | (vii) a violation of the Hazing Act; or | ||||||
25 | (viii) a violation of Section 12-1, 12-2, | ||||||
26 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
| |||||||
| |||||||
1 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012. | ||||||
4 | The information derived from the juvenile law | ||||||
5 | enforcement records shall be kept separate from and | ||||||
6 | shall not become a part of the official school record | ||||||
7 | of that child and shall not be a public record. The | ||||||
8 | information shall be used solely by the appropriate | ||||||
9 | school official or officials whom the school has | ||||||
10 | determined to have a legitimate educational or safety | ||||||
11 | interest to aid in the proper rehabilitation of the | ||||||
12 | child and to protect the safety of students and | ||||||
13 | employees in the school. If the designated law | ||||||
14 | enforcement and school officials deem it to be in the | ||||||
15 | best interest of the minor, the student may be | ||||||
16 | referred to in-school or community-based social | ||||||
17 | services if those services are available. | ||||||
18 | "Rehabilitation services" may include interventions by | ||||||
19 | school support personnel, evaluation for eligibility | ||||||
20 | for special education, referrals to community-based | ||||||
21 | agencies such as youth services, behavioral healthcare | ||||||
22 | service providers, drug and alcohol prevention or | ||||||
23 | treatment programs, and other interventions as deemed | ||||||
24 | appropriate for the student. | ||||||
25 | (B) Any information provided to appropriate school | ||||||
26 | officials whom the school has determined to have a |
| |||||||
| |||||||
1 | legitimate educational or safety interest by local law | ||||||
2 | enforcement officials about a minor who is the subject | ||||||
3 | of a current police investigation that is directly | ||||||
4 | related to school safety shall consist of oral | ||||||
5 | information only, and not written juvenile law | ||||||
6 | enforcement records, and shall be used solely by the | ||||||
7 | appropriate school official or officials to protect | ||||||
8 | the safety of students and employees in the school and | ||||||
9 | aid in the proper rehabilitation of the child. The | ||||||
10 | information derived orally from the local law | ||||||
11 | enforcement officials shall be kept separate from and | ||||||
12 | shall not become a part of the official school record | ||||||
13 | of the child and shall not be a public record. This | ||||||
14 | limitation on the use of information about a minor who | ||||||
15 | is the subject of a current police investigation shall | ||||||
16 | in no way limit the use of this information by | ||||||
17 | prosecutors in pursuing criminal charges arising out | ||||||
18 | of the information disclosed during a police | ||||||
19 | investigation of the minor. For purposes of this | ||||||
20 | paragraph, "investigation" means an official | ||||||
21 | systematic inquiry by a law enforcement agency into | ||||||
22 | actual or suspected criminal activity. | ||||||
23 | (9) Mental health professionals on behalf of the | ||||||
24 | Department of
Corrections or the Department of Human | ||||||
25 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
26 | or investigating a potential or actual petition
brought
|
| |||||||
| |||||||
1 | under the Sexually Violent Persons Commitment Act relating | ||||||
2 | to a person who is
the
subject of juvenile law enforcement | ||||||
3 | records or the respondent to a petition
brought under the | ||||||
4 | Sexually Violent Persons Commitment Act who is the subject | ||||||
5 | of
the
juvenile law enforcement records sought.
Any | ||||||
6 | juvenile law enforcement records and any information | ||||||
7 | obtained from those juvenile law enforcement records under | ||||||
8 | this
paragraph (9) may be used only in sexually violent | ||||||
9 | persons commitment
proceedings.
| ||||||
10 | (10) The president of a park district. Inspection and | ||||||
11 | copying shall be limited to juvenile law enforcement | ||||||
12 | records transmitted to the president of the park district | ||||||
13 | by the Illinois State Police under Section 8-23 of the | ||||||
14 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
15 | District Act concerning a person who is seeking employment | ||||||
16 | with that park district and who has been adjudicated a | ||||||
17 | juvenile delinquent for any of the offenses listed in | ||||||
18 | subsection (c) of Section 8-23 of the Park District Code | ||||||
19 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
20 | District Act. | ||||||
21 | (11) Persons managing and designated to participate in | ||||||
22 | a court diversion program as designated in subsection (6) | ||||||
23 | of Section 5-105. | ||||||
24 | (12) The Public Access Counselor of the Office of the | ||||||
25 | Attorney General, when reviewing juvenile law enforcement | ||||||
26 | records under its powers and duties under the Freedom of |
| |||||||
| |||||||
1 | Information Act. | ||||||
2 | (13) Collection agencies, contracted or otherwise | ||||||
3 | engaged by a governmental entity, to collect any debts due | ||||||
4 | and owing to the governmental entity. | ||||||
5 | (B)(1) Except as provided in paragraph (2), no law | ||||||
6 | enforcement
officer or other person or agency may knowingly | ||||||
7 | transmit to the Department of
Corrections, the Illinois State | ||||||
8 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
9 | or photograph relating to a minor who
has been arrested or | ||||||
10 | taken into custody before his or her 18th birthday,
unless the | ||||||
11 | court in proceedings under this Act authorizes the | ||||||
12 | transmission or
enters an order under Section 5-805 permitting | ||||||
13 | or requiring the
institution of
criminal proceedings.
| ||||||
14 | (2) Law enforcement officers or other persons or agencies | ||||||
15 | shall transmit
to the Illinois State Police copies of | ||||||
16 | fingerprints and descriptions
of all minors who have been | ||||||
17 | arrested or taken into custody before their
18th birthday for | ||||||
18 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
20 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
22 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
23 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
24 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
25 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
26 | Identification Act. Information reported to the Department |
| |||||||
| |||||||
1 | pursuant
to this Section may be maintained with records that | ||||||
2 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
3 | Identification Act. Nothing in this
Act prohibits a law | ||||||
4 | enforcement agency from fingerprinting a minor taken into
| ||||||
5 | custody or arrested before his or her 18th birthday for an | ||||||
6 | offense other than
those listed in this paragraph (2).
| ||||||
7 | (C) The records of law enforcement officers, or of an | ||||||
8 | independent agency created by ordinance and charged by a unit | ||||||
9 | of local government with the duty of investigating the conduct | ||||||
10 | of law enforcement officers, concerning all minors under
18 | ||||||
11 | years of age must be maintained separate from the records of | ||||||
12 | arrests and
may not be open to public inspection or their | ||||||
13 | contents disclosed to the
public. For purposes of obtaining | ||||||
14 | documents under this Section, a civil subpoena is not an order | ||||||
15 | of the court. | ||||||
16 | (1) In cases where the law enforcement, or independent | ||||||
17 | agency, records concern a pending juvenile court case, the | ||||||
18 | party seeking to inspect the records shall provide actual | ||||||
19 | notice to the attorney or guardian ad litem of the minor | ||||||
20 | whose records are sought. | ||||||
21 | (2) In cases where the records concern a juvenile | ||||||
22 | court case that is no longer pending, the party seeking to | ||||||
23 | inspect the records shall provide actual notice to the | ||||||
24 | minor or the minor's parent or legal guardian, and the | ||||||
25 | matter shall be referred to the chief judge presiding over | ||||||
26 | matters pursuant to this Act. |
| |||||||
| |||||||
1 | (3) In determining whether the records should be | ||||||
2 | available for inspection, the court shall consider the | ||||||
3 | minor's interest in confidentiality and rehabilitation | ||||||
4 | over the moving party's interest in obtaining the | ||||||
5 | information. Any records obtained in violation of this | ||||||
6 | subsection (C) shall not be admissible in any criminal or | ||||||
7 | civil proceeding, or operate to disqualify a minor from | ||||||
8 | subsequently holding public office or securing employment, | ||||||
9 | or operate as a forfeiture of any public benefit, right, | ||||||
10 | privilege, or right to receive any license granted by | ||||||
11 | public authority.
| ||||||
12 | (D) Nothing contained in subsection (C) of this Section | ||||||
13 | shall prohibit
the inspection or disclosure to victims and | ||||||
14 | witnesses of photographs
contained in the records of law | ||||||
15 | enforcement agencies when the
inspection and disclosure is | ||||||
16 | conducted in the presence of a law enforcement
officer for the | ||||||
17 | purpose of the identification or apprehension of any person
| ||||||
18 | subject to the provisions of this Act or for the investigation | ||||||
19 | or
prosecution of any crime.
| ||||||
20 | (E) Law enforcement officers, and personnel 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, may not disclose the identity of | ||||||
24 | any minor
in releasing information to the general public as to | ||||||
25 | the arrest, investigation
or disposition of any case involving | ||||||
26 | a minor.
|
| |||||||
| |||||||
1 | (F) Nothing contained in this Section shall prohibit law | ||||||
2 | enforcement
agencies from communicating with each other by | ||||||
3 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
4 | or other means the identity or other relevant
information | ||||||
5 | pertaining to a person under 18 years of age if there are
| ||||||
6 | reasonable grounds to believe that the person poses a real and | ||||||
7 | present danger
to the safety of the public or law enforcement | ||||||
8 | officers. The information
provided under this subsection (F) | ||||||
9 | shall remain confidential and shall not
be publicly disclosed, | ||||||
10 | except as otherwise allowed by law.
| ||||||
11 | (G) Nothing in this Section shall prohibit the right of a | ||||||
12 | Civil Service
Commission or appointing authority of any | ||||||
13 | federal government, state, county or municipality
examining | ||||||
14 | the character and fitness of an applicant for employment with | ||||||
15 | a law
enforcement agency, correctional institution, or fire | ||||||
16 | department
from obtaining and examining the
records of any law | ||||||
17 | enforcement agency relating to any record of the applicant
| ||||||
18 | having been arrested or taken into custody before the | ||||||
19 | applicant's 18th
birthday.
| ||||||
20 | (G-5) Information identifying victims and alleged victims | ||||||
21 | of sex offenses shall not be disclosed or open to the public | ||||||
22 | under any circumstances. Nothing in this Section shall | ||||||
23 | prohibit the victim or alleged victim of any sex offense from | ||||||
24 | voluntarily disclosing his or her own identity. | ||||||
25 | (H) The changes made to this Section by Public Act 98-61 | ||||||
26 | apply to law enforcement records of a minor who has been |
| |||||||
| |||||||
1 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
2 | effective date of Public Act 98-61). | ||||||
3 | (H-5) Nothing in this Section shall require any court or | ||||||
4 | adjudicative proceeding for traffic, boating, fish and game | ||||||
5 | law, or municipal and county ordinance violations to be closed | ||||||
6 | to the public. | ||||||
7 | (I) Willful violation of this Section is a Class C | ||||||
8 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
9 | This subsection (I) shall not apply to the person who is the | ||||||
10 | subject of the record. | ||||||
11 | (J) A person convicted of violating this Section is liable | ||||||
12 | for damages in the amount of $1,000 or actual damages, | ||||||
13 | whichever is greater. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
15 | revised 10-13-21.)
| ||||||
16 | (705 ILCS 405/5-915)
| ||||||
17 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
18 | juvenile court records.
| ||||||
19 | (0.05) (Blank). | ||||||
20 | (0.1) (a) The Illinois State Police and all law | ||||||
21 | enforcement agencies within the State shall automatically | ||||||
22 | expunge, on or before January 1 of each year, except as | ||||||
23 | described in paragraph (c) of subsection (0.1), all juvenile | ||||||
24 | law enforcement records relating to events occurring before an | ||||||
25 | individual's 18th birthday if: |
| |||||||
| |||||||
1 | (1) one year or more has elapsed since the date of the | ||||||
2 | arrest or law enforcement interaction documented in the | ||||||
3 | records; | ||||||
4 | (2) no petition for delinquency or criminal charges | ||||||
5 | were filed with the clerk of the circuit court relating to | ||||||
6 | the arrest or law enforcement interaction documented in | ||||||
7 | the records; and | ||||||
8 | (3) 6 months have elapsed since the date of the arrest | ||||||
9 | without an additional subsequent arrest or filing of a | ||||||
10 | petition for delinquency or criminal charges whether | ||||||
11 | related or not to the arrest or law enforcement | ||||||
12 | interaction documented in the records. | ||||||
13 | (b) If the law enforcement agency is unable to verify | ||||||
14 | satisfaction of conditions (2) and (3) of this subsection | ||||||
15 | (0.1), records that satisfy condition (1) of this subsection | ||||||
16 | (0.1) shall be automatically expunged if the records relate to | ||||||
17 | an offense that if committed by an adult would not be an | ||||||
18 | offense classified as a Class 2 felony or higher, an offense | ||||||
19 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
20 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
21 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
22 | (c) If the juvenile law enforcement record was received | ||||||
23 | through a public submission to a statewide student | ||||||
24 | confidential reporting system administered by the Illinois | ||||||
25 | State Police, the record will maintained for a period of 5 | ||||||
26 | years according to all other provisions in subsection (0.1). |
| |||||||
| |||||||
1 | (0.15) If a juvenile law enforcement record meets | ||||||
2 | paragraph (a) of subsection (0.1) of this Section, a juvenile | ||||||
3 | law enforcement record created: | ||||||
4 | (1) prior to January 1, 2018, but on or after January | ||||||
5 | 1, 2013 shall be automatically expunged prior to January | ||||||
6 | 1, 2020; | ||||||
7 | (2) prior to January 1, 2013, but on or after January | ||||||
8 | 1, 2000, shall be automatically expunged prior to January | ||||||
9 | 1, 2023; and | ||||||
10 | (3) prior to January 1, 2000 shall not be subject to | ||||||
11 | the automatic expungement provisions of this Act. | ||||||
12 | Nothing in this subsection (0.15) shall be construed to | ||||||
13 | restrict or modify an individual's right to have his or her | ||||||
14 | juvenile law enforcement records expunged except as otherwise | ||||||
15 | may be provided in this Act. | ||||||
16 | (0.2) (a) Upon dismissal of a petition alleging | ||||||
17 | delinquency or upon a finding of not delinquent, the | ||||||
18 | successful termination of an order of supervision, or the | ||||||
19 | successful termination of an adjudication for an offense which | ||||||
20 | would be a Class B misdemeanor, Class C misdemeanor, or a petty | ||||||
21 | or business offense if committed by an adult, the court shall | ||||||
22 | automatically order the expungement of the juvenile court | ||||||
23 | records and juvenile law enforcement records. The clerk shall | ||||||
24 | deliver a certified copy of the expungement order to the | ||||||
25 | Illinois State Police and the arresting agency. Upon request, | ||||||
26 | the State's Attorney shall furnish the name of the arresting |
| |||||||
| |||||||
1 | agency. The expungement shall be completed within 60 business | ||||||
2 | days after the receipt of the expungement order. | ||||||
3 | (b) If the chief law enforcement officer of the agency, or | ||||||
4 | his or her designee, certifies in writing that certain | ||||||
5 | information is needed for a pending investigation involving | ||||||
6 | the commission of a felony, that information, and information | ||||||
7 | identifying the juvenile, may be retained until the statute of | ||||||
8 | limitations for the felony has run. If the chief law | ||||||
9 | enforcement officer of the agency, or his or her designee, | ||||||
10 | certifies in writing that certain information is needed with | ||||||
11 | respect to an internal investigation of any law enforcement | ||||||
12 | office, that information and information identifying the | ||||||
13 | juvenile may be retained within an intelligence file until the | ||||||
14 | investigation is terminated or the disciplinary action, | ||||||
15 | including appeals, has been completed, whichever is later. | ||||||
16 | Retention of a portion of a juvenile's law enforcement record | ||||||
17 | does not disqualify the remainder of his or her record from | ||||||
18 | immediate automatic expungement. | ||||||
19 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
20 | offense except a disqualified offense, the juvenile court | ||||||
21 | shall automatically order the expungement of the juvenile | ||||||
22 | court and law enforcement records 2 years after the juvenile's | ||||||
23 | case was closed if no delinquency or criminal proceeding is | ||||||
24 | pending and the person has had no subsequent delinquency | ||||||
25 | adjudication or criminal conviction. The clerk shall deliver a | ||||||
26 | certified copy of the expungement order to the Illinois State |
| |||||||
| |||||||
1 | Police and the arresting agency. Upon request, the State's | ||||||
2 | Attorney shall furnish the name of the arresting agency. The | ||||||
3 | expungement shall be completed within 60 business days after | ||||||
4 | the receipt of the expungement order. In this subsection | ||||||
5 | (0.3), "disqualified offense" means any of the following | ||||||
6 | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, | ||||||
7 | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | ||||||
9 | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | ||||||
10 | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | ||||||
11 | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | ||||||
12 | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | ||||||
13 | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | ||||||
14 | subsection (b) of Section 8-1, paragraph (4) of subsection (a) | ||||||
15 | of Section 11-14.4, subsection (a-5) of Section 12-3.1, | ||||||
16 | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, | ||||||
17 | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | ||||||
18 | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of | ||||||
19 | paragraph (1) of subsection (a) of Section 12-9, subparagraph | ||||||
20 | (H) of paragraph (3) of subsection (a) of Section 24-1.6, | ||||||
21 | paragraph (1) of subsection (a) of Section 25-1, or subsection | ||||||
22 | (a-7) of Section 31-1 of the Criminal Code of 2012. | ||||||
23 | (b) If the chief law enforcement officer of the agency, or | ||||||
24 | his or her designee, certifies in writing that certain | ||||||
25 | information is needed for a pending investigation involving | ||||||
26 | the commission of a felony, that information, and information |
| |||||||
| |||||||
1 | identifying the juvenile, may be retained in an intelligence | ||||||
2 | file until the investigation is terminated or for one | ||||||
3 | additional year, whichever is sooner. Retention of a portion | ||||||
4 | of a juvenile's juvenile law enforcement record does not | ||||||
5 | disqualify the remainder of his or her record from immediate | ||||||
6 | automatic expungement. | ||||||
7 | (0.4) Automatic expungement for the purposes of this | ||||||
8 | Section shall not require law enforcement agencies to | ||||||
9 | obliterate or otherwise destroy juvenile law enforcement | ||||||
10 | records that would otherwise need to be automatically expunged | ||||||
11 | under this Act, except after 2 years following the subject | ||||||
12 | arrest for purposes of use in civil litigation against a | ||||||
13 | governmental entity or its law enforcement agency or personnel | ||||||
14 | which created, maintained, or used the records. However, these | ||||||
15 | juvenile law enforcement records shall be considered expunged | ||||||
16 | for all other purposes during this period and the offense, | ||||||
17 | which the records or files concern, shall be treated as if it | ||||||
18 | never occurred as required under Section 5-923. | ||||||
19 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
20 | apply to violations of traffic, boating, fish and game laws, | ||||||
21 | or county or municipal ordinances. | ||||||
22 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
23 | has filed civil litigation against the governmental entity or | ||||||
24 | its law enforcement agency or personnel that created, | ||||||
25 | maintained, or used the records, or juvenile law enforcement | ||||||
26 | records that contain information related to the allegations |
| |||||||
| |||||||
1 | set forth in the civil litigation may not be expunged until | ||||||
2 | after 2 years have elapsed after the conclusion of the | ||||||
3 | lawsuit, including any appeal. | ||||||
4 | (0.7) Officer-worn body camera recordings shall not be | ||||||
5 | automatically expunged except as otherwise authorized by the | ||||||
6 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
7 | (1) Whenever a person has been arrested, charged, or | ||||||
8 | adjudicated delinquent for an incident occurring before his or | ||||||
9 | her 18th birthday that if committed by an adult would be an | ||||||
10 | offense, and that person's juvenile law enforcement and | ||||||
11 | juvenile court records are not eligible for automatic | ||||||
12 | expungement under subsection (0.1), (0.2), or (0.3), the
| ||||||
13 | person may petition the court at any time for expungement of | ||||||
14 | juvenile law
enforcement records and juvenile court records | ||||||
15 | relating to the incident and, upon termination of all juvenile
| ||||||
16 | court proceedings relating to that incident, the court shall | ||||||
17 | order the expungement of all records in the possession of the | ||||||
18 | Illinois State Police, the clerk of the circuit court, and law | ||||||
19 | enforcement agencies relating to the incident, but only in any | ||||||
20 | of the following circumstances:
| ||||||
21 | (a) the minor was arrested and no petition for | ||||||
22 | delinquency was filed with
the clerk of the circuit court; | ||||||
23 | (a-5) the minor was charged with an offense and the | ||||||
24 | petition or petitions were dismissed without a finding of | ||||||
25 | delinquency;
| ||||||
26 | (b) the minor was charged with an offense and was |
| |||||||
| |||||||
1 | found not delinquent of
that offense;
| ||||||
2 | (c) the minor was placed under supervision under | ||||||
3 | Section 5-615, and
the order of
supervision has since been | ||||||
4 | successfully terminated; or
| ||||||
5 | (d)
the minor was adjudicated for an offense which | ||||||
6 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
7 | petty or business offense if committed by an adult.
| ||||||
8 | (1.5) The Illinois State Police shall allow a person to | ||||||
9 | use the Access and Review process, established in the Illinois | ||||||
10 | State Police, for verifying that his or her juvenile law | ||||||
11 | enforcement records relating to incidents occurring before his | ||||||
12 | or her 18th birthday eligible under this Act have been | ||||||
13 | expunged. | ||||||
14 | (1.6) (Blank). | ||||||
15 | (1.7) (Blank). | ||||||
16 | (1.8) (Blank). | ||||||
17 | (2) Any person whose delinquency adjudications are not | ||||||
18 | eligible for automatic expungement under subsection (0.3) of | ||||||
19 | this Section may petition the court to expunge all juvenile | ||||||
20 | law enforcement records
relating to any
incidents occurring | ||||||
21 | before his or her 18th birthday which did not result in
| ||||||
22 | proceedings in criminal court and all juvenile court records | ||||||
23 | with respect to
any adjudications except those based upon | ||||||
24 | first degree
murder or an offense under Article 11 of the | ||||||
25 | Criminal Code of 2012 if the person is required to register | ||||||
26 | under the Sex Offender Registration Act at the time he or she |
| |||||||
| |||||||
1 | petitions the court for expungement; provided that 2 years | ||||||
2 | have elapsed since all juvenile court proceedings relating to
| ||||||
3 | him or her have been terminated and his or her commitment to | ||||||
4 | the Department of
Juvenile Justice
under this Act has been | ||||||
5 | terminated.
| ||||||
6 | (2.5) If a minor is arrested and no petition for | ||||||
7 | delinquency is filed with the clerk of the circuit court at the | ||||||
8 | time the minor is released from custody, the youth officer, if | ||||||
9 | applicable, or other designated person from the arresting | ||||||
10 | agency, shall notify verbally and in writing to the minor or | ||||||
11 | the minor's parents or guardians that the minor shall have an | ||||||
12 | arrest record and shall provide the minor and the minor's | ||||||
13 | parents or guardians with an expungement information packet, | ||||||
14 | information regarding this State's expungement laws including | ||||||
15 | a petition to expunge juvenile law enforcement and juvenile | ||||||
16 | court records obtained from the clerk of the circuit court. | ||||||
17 | (2.6) If a minor is referred to court, then, at the time of | ||||||
18 | sentencing, dismissal of the case, or successful completion of | ||||||
19 | supervision, the judge shall inform the delinquent minor of | ||||||
20 | his or her rights regarding expungement and the clerk of the | ||||||
21 | circuit court shall provide an expungement information packet | ||||||
22 | to the minor, written in plain language, including information | ||||||
23 | regarding this State's expungement laws and a petition for | ||||||
24 | expungement, a sample of a completed petition, expungement | ||||||
25 | instructions that shall include information informing the | ||||||
26 | minor that (i) once the case is expunged, it shall be treated |
| |||||||
| |||||||
1 | as if it never occurred, (ii) he or she may apply to have | ||||||
2 | petition fees waived, (iii) once he or she obtains an | ||||||
3 | expungement, he or she may not be required to disclose that he | ||||||
4 | or she had a juvenile law enforcement or juvenile court | ||||||
5 | record, and (iv) if petitioning he or she may file the petition | ||||||
6 | on his or her own or with the assistance of an attorney. The | ||||||
7 | failure of the judge to inform the delinquent minor of his or | ||||||
8 | her right to petition for expungement as provided by law does | ||||||
9 | not create a substantive right, nor is that failure grounds | ||||||
10 | for: (i) a reversal of an adjudication of delinquency; (ii) a | ||||||
11 | new trial; or (iii) an appeal. | ||||||
12 | (2.7) (Blank). | ||||||
13 | (2.8) (Blank). | ||||||
14 | (3) (Blank).
| ||||||
15 | (3.1) (Blank).
| ||||||
16 | (3.2) (Blank). | ||||||
17 | (3.3) (Blank).
| ||||||
18 | (4) (Blank).
| ||||||
19 | (5) (Blank).
| ||||||
20 | (5.5) Whether or not expunged, records eligible for | ||||||
21 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
22 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
23 | to the records. | ||||||
24 | (6) (Blank). | ||||||
25 | (6.5) The Illinois State Police or any employee of the | ||||||
26 | Illinois State Police shall be immune from civil or criminal |
| |||||||
| |||||||
1 | liability for failure to expunge any records of arrest that | ||||||
2 | are subject to expungement under this Section because of | ||||||
3 | inability to verify a record. Nothing in this Section shall | ||||||
4 | create Illinois State Police liability or responsibility for | ||||||
5 | the expungement of juvenile law enforcement records it does | ||||||
6 | not possess. | ||||||
7 | (7) (Blank).
| ||||||
8 | (7.5) (Blank). | ||||||
9 | (8) The expungement of juvenile law enforcement or | ||||||
10 | juvenile court records under subsection (0.1), (0.2), or (0.3) | ||||||
11 | of this Section shall be funded by appropriation by the | ||||||
12 | General Assembly for that purpose. | ||||||
13 | (9) (Blank). | ||||||
14 | (10) (Blank). | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
| ||||||
16 | Section 995. No acceleration or delay. Where this Act | ||||||
17 | makes changes in a statute that is represented in this Act by | ||||||
18 | text that is not yet or no longer in effect (for example, a | ||||||
19 | Section represented by multiple versions), the use of that | ||||||
20 | text does not accelerate or delay the taking effect of (i) the | ||||||
21 | changes made by this Act or (ii) provisions derived from any | ||||||
22 | other Public Act.
|