Bill Text: IL SB3936 | 2021-2022 | 102nd General Assembly | Enrolled

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

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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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AN ACT concerning schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Student Confidential Reporting Act.
Section 5. Definitions. In this Act:
"Safe2Help Illinois" means 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.
"Safe2Help Illinois Manager" means the designated program
manager that works in collaboration with all agencies involved
in Safe2Help Illinois, providing marketing, and logistical
support to the implementation of the Safe2Help Illinois
Program.
"School" means a public or nonpublic school offering any
grade from kindergarten through 12, regardless of whether
school is in session. "School" includes all school property.
"School employee" means a full-time or part-time employee
of a school or school district, including a school
administrator, a volunteer with a school or school district,

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or any other person who provides services to a school or school
district, while he or she is on school property. A person
described in this definition is considered a school employee
regardless of whether school is in session.
"School site" means a building, a playing field, or
property used for school purposes to impart instruction to
school students or used for school purposes, functions, or
events, regardless of whether school is in session. "School
property" includes a school bus.
"School student" means a person who is enrolled as a
student in a school regardless of whether school is in
session.
Section 10. Safe2Help Illinois program management and
administration.
(a) The Illinois State Police, in consultation with the
Illinois Emergency Management Agency, State Board of
Education, Department of Human Services, and Department of
Children and Family Services shall, to the extent that funds
are appropriated for that purpose, 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. The Illinois State Police shall establish the
program in accordance with this Act. The Illinois State Police
shall have access to the information needed to meet the

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reporting requirements of Section 35.
(b) The program shall include a Safe2Help Illinois
helpline for operators to receive reports and information from
the general public as described in subsection (a). The
helpline shall be available for use 24 hours a day, 365 days a
year.
(c) The Department of Innovation and Technology shall
operate a dedicated website to provide mental health
information for students, promotional information to local law
enforcement officials, school officials, and the general
public regarding the program.
(d) Beginning on the date that Safe2Help Illinois is
operational, any State or locally operated school violence
help line currently in operation shall work in conjunction
with Safe2Help Illinois as needed. The CPS Violence Prevention
Hotline established under Section 34-21.8 of the School Code
and the Safe2Help Illinois shall cooperate with each other. If
the Safe2Help Illinois helpline receives information about
incidents occurring in the Chicago public schools, it shall
transmit that information to the CPS Violence Prevention
Hotline. For the purposes of this subsection (d), a
State-operated school violence help line does not include the
CPS Violence Prevention Hotline established under Section
34-21.8 of the School Code. Instead, the Illinois State Police
shall work in conjunction with the Chicago Board of Education
and the Chicago Police Department to direct all applicable

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calls received by Safe2Help to the CPS Violence Prevention
Hotline.
(e) The Illinois State Police shall be responsible for the
continued operational oversight of the program. The program
shall provide for a means to review all reports and
information submitted through Safe2Help Illinois and to direct
those reports and that information, including any analysis of
the potential threat as determined appropriate by the Illinois
State Police, to local law enforcement officials and school
officials.
(f) The Illinois State Police shall ensure that program
personnel or call center staff, or both, are appropriately
trained in the following areas:
(1) crisis management, including recognizing mental
illness and emotional disturbance;
(2) the resources that are available for providing
mental health and other human services;
(3) matters determined by the Illinois State Police to
be relevant to the operation of the program; and
(4) handling of criminal intelligence information
regarding primary and data collection, storage, and
dissemination.
(g) A report or other information submitted to the program
is considered to be a report to a law enforcement agency and
shall be maintained as a record by the Illinois State Police
for at least 5 years, subject to the confidentiality

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requirements of this Act.
(h) The Illinois State Police shall ensure that any
information submitted to the program where mental health
services are needed will be referred to the appropriate
centralized reporting system as provided in Section 76 of the
Mental Health and Developmental Disabilities Administrative
Act.
Section 15. Management of confidential information.
(a) Any report or information submitted to the program
under Section 10 is confidential, may not be released except
as otherwise provided in this Act or in the Juvenile Court Act
of 1987, and is not subject to disclosure under the Freedom of
Information Act.
(b) Any report or information submitted to the program and
forwarded by the vendor described in subsection (d) of Section
10 to a law enforcement official or to a school official is
confidential, may not be released except as otherwise provided
in this Act, and is not subject to disclosure under the Freedom
of Information Act.
(c) A person who intentionally discloses information to
another person in violation of subsection (a) or (b) commits a
Class C misdemeanor.
Section 20. Exemptions to confidentiality of reported
information. Information regarding a report or information

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submitted to the program under Section 10, including any
identifying information, may be disclosed as follows:
(1) By the Illinois State Police, a law enforcement
agency, a school, or a community mental health service
program or an employee of one of those entities acting in
the course of his or her duties. However, this paragraph
(1) does not allow the disclosure of information that
would identify the person who submitted the report or
information to the program under Section 10, except for an
imminent threat that poses a clear and present danger to
the person.
(2) With the permission of the person or, if the
person is a minor, with the permission of the minor and his
or her parents or guardian.
(3) Pursuant to a court order issued under Section 25.
Section 25. Release of confidential information.
(a) A person who is charged with a criminal offense as a
result of a report or information submitted under Section 10
may petition the court for disclosure of the report or
information, including any identifying information, as
provided in this subsection (a). The State's Attorney having
jurisdiction shall be notified of the petition not less than 7
days before the hearing on the petition, or as otherwise
provided by the court, and have the right to appear in the
proceedings to oppose the petition.

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If a petition is filed under this subsection (a), the
court may conduct a hearing on the petition. If a hearing is
conducted, it shall be conducted in chambers outside of the
presence of the petitioner.
If the court determines that the report or information,
including any identifying information, is relevant to the
criminal proceedings and is essential to the fair trial of the
person, the court may order the disclosure of that report or
information, including any identifying information, as
determined appropriate by the court.
The court may place restrictions on the release and use of
the report or information, including any identifying
information, obtained under this subsection (a) or may redact
material as it considers appropriate. Material reviewed by the
court that is not ordered released or that is redacted shall be
maintained by the court under seal for purposes of appeal
only.
(b) If the State's Attorney has reason to believe that a
report or other information provided under Section 10 was
falsely provided to the Illinois State Police, the State's
Attorney may petition the court to disclose the report or
information, including any identifying information.
The Attorney General shall be notified of the petition not
less than 7 days before the hearing on the petition, or as
otherwise provided by the court, and has the right to appear in
the proceedings to oppose the petition.

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If the court determines that there is reason to believe
that the report or information may have been falsely provided,
the court may order the disclosure of the report or
information, including any identifying information, as
determined appropriate by the court.
The court may place restrictions on the release and use of
the report or information, including any identifying
information, obtained under this subsection (b) or may redact
material as it considers appropriate. Material reviewed by the
court that is not ordered released or that is redacted shall be
maintained by the court under seal for purposes of appeal
only.
(c) The Attorney General may also appear in any other
action to oppose the release of any report or information
obtained under Section 10, including any identifying
information.
Section 30. Funding.
(a) The Illinois State Police may receive money or other
assets from any source for deposit into the State Police
Operations Assistance Fund. All moneys deposited under this
Act into the State Police Operations Assistance Fund shall be
used, subject to appropriation, by the Illinois State Police
only for one or more of the following purposes:
(1) To pay the costs of the Illinois State Police for
administering this Act.

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(2) To pay the costs of personnel to staff the program
under Section 10.
(3) To pay for equipment and software for operating
the program.
(4) To promote public awareness of the program,
including the availability of Safe2Help Illinois and the
dedicated website under subsection (c) of Section 10.
(5) To support the delivery of training and education
on topics that address prevention of potential harm or
criminal activities directed at school students, school
employees, and schools.
(b) The Illinois State Police may also accept
contributions, grants, gifts, assets, donations, services, or
other financial assistance from any individual, association,
corporation, or other organization having a legitimate
interest in the Safe2Help Illinois helpline and the health and
well-being of students which shall be deposited in the State
Police Operations Assistance Fund.
Section 35. Procurement; rulemaking.
The Illinois State Police, in consultation with and
subject to the approval of the Chief Procurement Officer, may
procure a single contract or multiple contracts to implement
the provisions of this Act. A contract or contracts under this
subsection are not subject to the provisions of the Illinois
Procurement Code, except for Sections 20-60, 20-65, 20-70, and

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20-160 and Article 50 of that Code, provided that the Chief
Procurement Officer may, in writing with justification, waive
any certification required under Article 50.
Section 40. Annual reporting. The Safe2Help Illinois
program manager, in consultation with the Illinois State
Police and the State Board of Education, shall prepare an
annual report under this Act. The report shall be filed no
later than 90 days after the conclusion of the calendar year.
Copies of the report shall be filed with the Governor and the
General Assembly as provided in Section 3.1 of the General
Assembly Organization Act. The report shall also be maintained
on the dedicated Safe2Help Illinois website under subsection
(c) of Section 10. The report shall contain, but is not limited
to, all of the following information:
(1) The number of reports submitted to the program
under Section 10.
(2) The number of reports submitted to the program
that are forwarded to local law enforcement officials and
school officials.
(3) The number of reports submitted to the program
resulting in referrals for human services.
(4) The nature of the reports and information
submitted to the program in categories established by the
Illinois State Police.
(5) An analysis of the overall effectiveness of the

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program in addressing potential self-harm or potential
harm or criminal acts directed at schools, school
employees, and school students.
Section 45. Immunity. A Safe2Help Illinois helpline
employee, law enforcement agency, or law enforcement official
acting in good faith in compliance with this Act shall have
immunity from any civil or criminal liability that might
otherwise occur as a result of handling tips described in this
Act, with the exception of willful or wanton misconduct.
Section 905. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and

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regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the

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extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional

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agencies related to detection, observation or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 9.4 of the Illinois
Police Training Act, except to the extent authorized under
that Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.

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(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or

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Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial

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information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.

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(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its

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procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that

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would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of

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an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State

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law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the
personnel who implement them or the public. Information
exempt under this item may include such things as details
pertaining to the mobilization or deployment of personnel
or equipment, to the operation of communication systems or
protocols, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.

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(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of

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the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;

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(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this

SB3936 Enrolled - 26 - LRB102 23905 RLC 33103 b
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
Section 910. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-620 as follows:
(20 ILCS 2605/2605-620 new)
Sec. 2605-620. School helpline program. The Illinois State
Police shall establish a school helpline program in accordance
with the Student Confidential Reporting Act.
Section 915. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7 and 5-915 as follows:
(705 ILCS 405/1-7)
(Text of Section before amendment by P.A. 101-652)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.

SB3936 Enrolled - 27 - LRB102 23905 RLC 33103 b
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available.
Juvenile law enforcement records may be obtained only under
this Section and Section 1-8 and Part 9 of Article V of this
Act, when their use is needed for good cause and with an order
from the juvenile court, as required by those not authorized
to retain them. Inspection, copying, and disclosure of
juvenile law enforcement records maintained by law enforcement
agencies or records of municipal ordinance violations
maintained by any State, local, or municipal agency that
relate to a minor who has been investigated, arrested, or
taken into custody before his or her 18th birthday shall be
restricted to the following:
(0.05) The minor who is the subject of the juvenile
law enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or

SB3936 Enrolled - 28 - LRB102 23905 RLC 33103 b
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;

SB3936 Enrolled - 29 - LRB102 23905 RLC 33103 b
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
amount of bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency

SB3936 Enrolled - 30 - LRB102 23905 RLC 33103 b
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the

SB3936 Enrolled - 31 - LRB102 23905 RLC 33103 b
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community-based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or

SB3936 Enrolled - 32 - LRB102 23905 RLC 33103 b
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.

SB3936 Enrolled - 33 - LRB102 23905 RLC 33103 b
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Illinois State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)

SB3936 Enrolled - 34 - LRB102 23905 RLC 33103 b
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, the Illinois State
Police, or the Federal Bureau of Investigation any fingerprint
or photograph relating to a minor who has been arrested or
taken into custody before his or her 18th birthday, unless the
court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Illinois State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the

SB3936 Enrolled - 35 - LRB102 23905 RLC 33103 b
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to

SB3936 Enrolled - 36 - LRB102 23905 RLC 33103 b
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct

SB3936 Enrolled - 37 - LRB102 23905 RLC 33103 b
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any
federal government, state, county or municipality examining
the character and fitness of an applicant for employment with
a law enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall

SB3936 Enrolled - 38 - LRB102 23905 RLC 33103 b
prohibit the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available.
Juvenile law enforcement records may be obtained only under

SB3936 Enrolled - 39 - LRB102 23905 RLC 33103 b
this Section and Section 1-8 and Part 9 of Article V of this
Act, when their use is needed for good cause and with an order
from the juvenile court, as required by those not authorized
to retain them. Inspection, copying, and disclosure of
juvenile law enforcement records maintained by law enforcement
agencies or records of municipal ordinance violations
maintained by any State, local, or municipal agency that
relate to a minor who has been investigated, arrested, or
taken into custody before his or her 18th birthday shall be
restricted to the following:
(0.05) The minor who is the subject of the juvenile
law enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal

SB3936 Enrolled - 40 - LRB102 23905 RLC 33103 b
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
conditions of pretrial release;

SB3936 Enrolled - 41 - LRB102 23905 RLC 33103 b
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to

SB3936 Enrolled - 42 - LRB102 23905 RLC 33103 b
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

SB3936 Enrolled - 43 - LRB102 23905 RLC 33103 b
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community-based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a

SB3936 Enrolled - 44 - LRB102 23905 RLC 33103 b
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought

SB3936 Enrolled - 45 - LRB102 23905 RLC 33103 b
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Illinois State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of

SB3936 Enrolled - 46 - LRB102 23905 RLC 33103 b
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, the Illinois State
Police, or the Federal Bureau of Investigation any fingerprint
or photograph relating to a minor who has been arrested or
taken into custody before his or her 18th birthday, unless the
court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Illinois State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department

SB3936 Enrolled - 47 - LRB102 23905 RLC 33103 b
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.

SB3936 Enrolled - 48 - LRB102 23905 RLC 33103 b
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.

SB3936 Enrolled - 49 - LRB102 23905 RLC 33103 b
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any
federal government, state, county or municipality examining
the character and fitness of an applicant for employment with
a law enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall
prohibit the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been

SB3936 Enrolled - 50 - LRB102 23905 RLC 33103 b
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
revised 10-13-21.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
juvenile court records.
(0.05) (Blank).
(0.1) (a) The Illinois State Police and all law
enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, except as
described in paragraph (c) of subsection (0.1), all juvenile
law enforcement records relating to events occurring before an
individual's 18th birthday if:

SB3936 Enrolled - 51 - LRB102 23905 RLC 33103 b
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in
the records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a
petition for delinquency or criminal charges whether
related or not to the arrest or law enforcement
interaction documented in the records.
(b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as a Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(c) If the juvenile law enforcement record was received
through a public submission to a statewide student
confidential reporting system administered by the Illinois
State Police, the record will maintained for a period of 5
years according to all other provisions in subsection (0.1).

SB3936 Enrolled - 52 - LRB102 23905 RLC 33103 b
(0.15) If a juvenile law enforcement record meets
paragraph (a) of subsection (0.1) of this Section, a juvenile
law enforcement record created:
(1) prior to January 1, 2018, but on or after January
1, 2013 shall be automatically expunged prior to January
1, 2020;
(2) prior to January 1, 2013, but on or after January
1, 2000, shall be automatically expunged prior to January
1, 2023; and
(3) prior to January 1, 2000 shall not be subject to
the automatic expungement provisions of this Act.
Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have his or her
juvenile law enforcement records expunged except as otherwise
may be provided in this Act.
(0.2) (a) Upon dismissal of a petition alleging
delinquency or upon a finding of not delinquent, the
successful termination of an order of supervision, or the
successful termination of an adjudication for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a petty
or business offense if committed by an adult, the court shall
automatically order the expungement of the juvenile court
records and juvenile law enforcement records. The clerk shall
deliver a certified copy of the expungement order to the
Illinois State Police and the arresting agency. Upon request,
the State's Attorney shall furnish the name of the arresting

SB3936 Enrolled - 53 - LRB102 23905 RLC 33103 b
agency. The expungement shall be completed within 60 business
days after the receipt of the expungement order.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving
the commission of a felony, that information, and information
identifying the juvenile, may be retained until the statute of
limitations for the felony has run. If the chief law
enforcement officer of the agency, or his or her designee,
certifies in writing that certain information is needed with
respect to an internal investigation of any law enforcement
office, that information and information identifying the
juvenile may be retained within an intelligence file until the
investigation is terminated or the disciplinary action,
including appeals, has been completed, whichever is later.
Retention of a portion of a juvenile's law enforcement record
does not disqualify the remainder of his or her record from
immediate automatic expungement.
(0.3) (a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court
shall automatically order the expungement of the juvenile
court and law enforcement records 2 years after the juvenile's
case was closed if no delinquency or criminal proceeding is
pending and the person has had no subsequent delinquency
adjudication or criminal conviction. The clerk shall deliver a
certified copy of the expungement order to the Illinois State

SB3936 Enrolled - 54 - LRB102 23905 RLC 33103 b
Police and the arresting agency. Upon request, the State's
Attorney shall furnish the name of the arresting agency. The
expungement shall be completed within 60 business days after
the receipt of the expungement order. In this subsection
(0.3), "disqualified offense" means any of the following
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
subsection (b) of Section 8-1, paragraph (4) of subsection (a)
of Section 11-14.4, subsection (a-5) of Section 12-3.1,
paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
paragraph (1) of subsection (a) of Section 12-9, subparagraph
(H) of paragraph (3) of subsection (a) of Section 24-1.6,
paragraph (1) of subsection (a) of Section 25-1, or subsection
(a-7) of Section 31-1 of the Criminal Code of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving
the commission of a felony, that information, and information

SB3936 Enrolled - 55 - LRB102 23905 RLC 33103 b
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion
of a juvenile's juvenile law enforcement record does not
disqualify the remainder of his or her record from immediate
automatic expungement.
(0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to
obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel
which created, maintained, or used the records. However, these
juvenile law enforcement records shall be considered expunged
for all other purposes during this period and the offense,
which the records or files concern, shall be treated as if it
never occurred as required under Section 5-923.
(0.5) Subsection (0.1) or (0.2) of this Section does not
apply to violations of traffic, boating, fish and game laws,
or county or municipal ordinances.
(0.6) Juvenile law enforcement records of a plaintiff who
has filed civil litigation against the governmental entity or
its law enforcement agency or personnel that created,
maintained, or used the records, or juvenile law enforcement
records that contain information related to the allegations

SB3936 Enrolled - 56 - LRB102 23905 RLC 33103 b
set forth in the civil litigation may not be expunged until
after 2 years have elapsed after the conclusion of the
lawsuit, including any appeal.
(0.7) Officer-worn body camera recordings shall not be
automatically expunged except as otherwise authorized by the
Law Enforcement Officer-Worn Body Camera Act.
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before his or
her 18th birthday that if committed by an adult would be an
offense, and that person's juvenile law enforcement and
juvenile court records are not eligible for automatic
expungement under subsection (0.1), (0.2), or (0.3), the
person may petition the court at any time for expungement of
juvenile law enforcement records and juvenile court records
relating to the incident and, upon termination of all juvenile
court proceedings relating to that incident, the court shall
order the expungement of all records in the possession of the
Illinois State Police, the clerk of the circuit court, and law
enforcement agencies relating to the incident, but only in any
of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was

SB3936 Enrolled - 57 - LRB102 23905 RLC 33103 b
found not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) The Illinois State Police shall allow a person to
use the Access and Review process, established in the Illinois
State Police, for verifying that his or her juvenile law
enforcement records relating to incidents occurring before his
or her 18th birthday eligible under this Act have been
expunged.
(1.6) (Blank).
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all juvenile
law enforcement records relating to any incidents occurring
before his or her 18th birthday which did not result in
proceedings in criminal court and all juvenile court records
with respect to any adjudications except those based upon
first degree murder or an offense under Article 11 of the
Criminal Code of 2012 if the person is required to register
under the Sex Offender Registration Act at the time he or she

SB3936 Enrolled - 58 - LRB102 23905 RLC 33103 b
petitions the court for expungement; provided that 2 years
have elapsed since all juvenile court proceedings relating to
him or her have been terminated and his or her commitment to
the Department of Juvenile Justice under this Act has been
terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,
information regarding this State's expungement laws including
a petition to expunge juvenile law enforcement and juvenile
court records obtained from the clerk of the circuit court.
(2.6) If a minor is referred to court, then, at the time of
sentencing, dismissal of the case, or successful completion of
supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated

SB3936 Enrolled - 59 - LRB102 23905 RLC 33103 b
as if it never occurred, (ii) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile law enforcement or juvenile court
record, and (iv) if petitioning he or she may file the petition
on his or her own or with the assistance of an attorney. The
failure of the judge to inform the delinquent minor of his or
her right to petition for expungement as provided by law does
not create a substantive right, nor is that failure grounds
for: (i) a reversal of an adjudication of delinquency; (ii) a
new trial; or (iii) an appeal.
(2.7) (Blank).
(2.8) (Blank).
(3) (Blank).
(3.1) (Blank).
(3.2) (Blank).
(3.3) (Blank).
(4) (Blank).
(5) (Blank).
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) (Blank).
(6.5) The Illinois State Police or any employee of the
Illinois State Police shall be immune from civil or criminal

SB3936 Enrolled - 60 - LRB102 23905 RLC 33103 b
liability for failure to expunge any records of arrest that
are subject to expungement under this Section because of
inability to verify a record. Nothing in this Section shall
create Illinois State Police liability or responsibility for
the expungement of juvenile law enforcement records it does
not possess.
(7) (Blank).
(7.5) (Blank).
(8) The expungement of juvenile law enforcement or
juvenile court records under subsection (0.1), (0.2), or (0.3)
of this Section shall be funded by appropriation by the
General Assembly for that purpose.
(9) (Blank).
(10) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.