Public Act 102-0752

SB3936 Enrolled LRB102 23905 RLC 33103 b

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,

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

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

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

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

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.

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.

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.

(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

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

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

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

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

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.

(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

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

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.

(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

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

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

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

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.

(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

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;

(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

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.

(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

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;

(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

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

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

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.

(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)

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

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

inspect the records shall provide actual notice to the

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

matter shall be referred to the chief judge presiding over

matters pursuant to this Act.

(3) In determining whether the records should be

available for inspection, the court shall consider the

minor's interest in confidentiality and rehabilitation

over the moving party's interest in obtaining the

information. Any records obtained in violation of this

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

civil proceeding, or operate to disqualify a minor from

subsequently holding public office or securing employment,

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

privilege, or right to receive any license granted by

public authority.

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

shall prohibit the inspection or disclosure to victims and

witnesses of photographs contained in the records of law

enforcement agencies when the inspection and disclosure is

conducted in the presence of a law enforcement officer for the

purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation

or prosecution of any crime.

(E) Law enforcement officers, and personnel of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, may not disclose the identity of

any minor in releasing information to the general public as to

the arrest, investigation or disposition of any case involving

a minor.

(F) Nothing contained in this Section shall prohibit law

enforcement agencies from communicating with each other by

letter, memorandum, teletype, or intelligence alert bulletin

or other means the identity or other relevant information

pertaining to a person under 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

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

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

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;

(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

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,

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

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

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

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

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.

(3) In determining whether the records should be

available for inspection, the court shall consider the

minor's interest in confidentiality and rehabilitation

over the moving party's interest in obtaining the

information. Any records obtained in violation of this

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

civil proceeding, or operate to disqualify a minor from

subsequently holding public office or securing employment,

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

privilege, or right to receive any license granted by

public authority.

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

shall prohibit the inspection or disclosure to victims and

witnesses of photographs contained in the records of law

enforcement agencies when the inspection and disclosure is

conducted in the presence of a law enforcement officer for the

purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation

or prosecution of any crime.

(E) Law enforcement officers, and personnel of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, may not disclose the identity of

any minor in releasing information to the general public as to

the arrest, investigation or disposition of any case involving

a minor.

(F) Nothing contained in this Section shall prohibit law

enforcement agencies from communicating with each other by

letter, memorandum, teletype, or intelligence alert bulletin

or other means the identity or other relevant information

pertaining to a person under 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

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:

(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).

(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

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

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

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

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

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

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

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

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.