HB3303 EngrossedLRB099 05805 HEP 25849 b



1 AN ACT concerning government.


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

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Sections 2.15 and 7.5 as follows:

6 (5 ILCS 140/2.15)

7 Sec. 2.15. Arrest reports and criminal history records.
8 (a) Arrest reports. The following chronologically 
9maintained arrest and criminal history information maintained 
10by State or local criminal justice agencies shall be furnished 
11as soon as practical, but in no event later than 72 hours after 
12the arrest, notwithstanding the time limits otherwise provided 
13for in Section 3 of this Act: (i) information that identifies 
14the individual, including the name, age, address, and 
15photograph, when and if available; (ii) information detailing 
16any charges relating to the arrest; (iii) the time and location 
17of the arrest; (iv) the name of the investigating or arresting 
18law enforcement agency; (v) if the individual is incarcerated, 
19the amount of any bail or bond; and (vi) if the individual is 
20incarcerated, the time and date that the individual was 
21received into, discharged from, or transferred from the 
22arresting agency's custody.
23 (b) Criminal history records. The following documents 
 
 
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1maintained by a public body pertaining to
criminal history 
2record information are public records subject to inspection and 
3copying by the
public pursuant to this Act: (i) court records 
4that are public; (ii) records that are otherwise
available 
5under State or local law; and (iii) records in which the 
6requesting party is the individual
identified, except as 
7provided under Section 7(1)(d)(vi).
8 (c) Information described in items (iii) through (vi) of 
9subsection (a) may be withheld if it is
determined that 
10disclosure would: (i) interfere with pending or actually and 
11reasonably contemplated law enforcement proceedings conducted 
12by any law enforcement agency; (ii) endanger the life or 
13physical safety of law enforcement or correctional personnel or 
14any other person; or (iii) compromise the security of any 
15correctional facility.
16 (d) The provisions of this Section do not supersede the 
17confidentiality provisions for law enforcement or arrest 
18records of the Juvenile Court Act of 1987. 

19(Source: P.A. 96-542, eff. 1-1-10.)

20 (5 ILCS 140/7.5)
21 Sec. 7.5. Statutory exemptions Exemptions. To the extent 
22provided for by the statutes referenced below, the following 
23shall be exempt from inspection and copying:
24  (a) All information determined to be confidential 
25 under Section 4002 of the Technology Advancement and 
 
 
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1 Development Act.
2  (b) Library circulation and order records identifying 
3 library users with specific materials under the Library 
4 Records Confidentiality Act.
5  (c) Applications, related documents, and medical 
6 records received by the Experimental Organ Transplantation 
7 Procedures Board and any and all documents or other records 
8 prepared by the Experimental Organ Transplantation 
9 Procedures Board or its staff relating to applications it 
10 has received.
11  (d) Information and records held by the Department of 
12 Public Health and its authorized representatives relating 
13 to known or suspected cases of sexually transmissible 
14 disease or any information the disclosure of which is 
15 restricted under the Illinois Sexually Transmissible 
16 Disease Control Act.
17  (e) Information the disclosure of which is exempted 
18 under Section 30 of the Radon Industry Licensing Act.
19  (f) Firm performance evaluations under Section 55 of 
20 the Architectural, Engineering, and Land Surveying 
21 Qualifications Based Selection Act.
22  (g) Information the disclosure of which is restricted 
23 and exempted under Section 50 of the Illinois Prepaid 
24 Tuition Act.
25  (h) Information the disclosure of which is exempted 
26 under the State Officials and Employees Ethics Act, and 
 
 
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1 records of any lawfully created State or local inspector 
2 general's office that would be exempt if created or 
3 obtained by an Executive Inspector General's office under 
4 that Act.
5  (i) Information contained in a local emergency energy 
6 plan submitted to a municipality in accordance with a local 
7 emergency energy plan ordinance that is adopted under 
8 Section 11-21.5-5 of the Illinois Municipal Code.
9  (j) Information and data concerning the distribution 
10 of surcharge moneys collected and remitted by wireless 
11 carriers under the Wireless Emergency Telephone Safety 
12 Act.
13  (k) Law enforcement officer identification information 
14 or driver identification information compiled by a law 
15 enforcement agency or the Department of Transportation 
16 under Section 11-212 of the Illinois Vehicle Code.
17  (l) Records and information provided to a residential 
18 health care facility resident sexual assault and death 
19 review team or the Executive Council under the Abuse 
20 Prevention Review Team Act.
21  (m) Information provided to the predatory lending 
22 database created pursuant to Article 3 of the Residential 
23 Real Property Disclosure Act, except to the extent 
24 authorized under that Article.
25  (n) Defense budgets and petitions for certification of 
26 compensation and expenses for court appointed trial 
 
 
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1 counsel as provided under Sections 10 and 15 of the Capital 
2 Crimes Litigation Act. This subsection (n) shall apply 
3 until the conclusion of the trial of the case, even if the 
4 prosecution chooses not to pursue the death penalty prior 
5 to trial or sentencing.
6  (o) Information that is prohibited from being 
7 disclosed under Section 4 of the Illinois Health and 
8 Hazardous Substances Registry Act.
9  (p) Security portions of system safety program plans, 
10 investigation reports, surveys, schedules, lists, data, or 
11 information compiled, collected, or prepared by or for the 
12 Regional Transportation Authority under Section 2.11 of 
13 the Regional Transportation Authority Act or the St. Clair 
14 County Transit District under the Bi-State Transit Safety 
15 Act. 
16  (q) Information prohibited from being disclosed by the 
17 Personnel Records Review Act. 
18  (r) Information prohibited from being disclosed by the 
19 Illinois School Student Records Act. 
20  (s) Information the disclosure of which is restricted 
21 under Section 5-108 of the Public Utilities Act. 

22  (t) All identified or deidentified health information 
23 in the form of health data or medical records contained in, 
24 stored in, submitted to, transferred by, or released from 
25 the Illinois Health Information Exchange, and identified 
26 or deidentified health information in the form of health 
 
 
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1 data and medical records of the Illinois Health Information 
2 Exchange in the possession of the Illinois Health 
3 Information Exchange Authority due to its administration 
4 of the Illinois Health Information Exchange. The terms 
5 "identified" and "deidentified" shall be given the same 
6 meaning as in the Health Insurance Accountability and 
7 Portability Act of 1996, Public Law 104-191, or any 
8 subsequent amendments thereto, and any regulations 
9 promulgated thereunder. 
10  (u) Records and information provided to an independent 
11 team of experts under Brian's Law. 
12  (v) Names and information of people who have applied 
13 for or received Firearm Owner's Identification Cards under 
14 the Firearm Owners Identification Card Act or applied for 
15 or received a concealed carry license under the Firearm 
16 Concealed Carry Act, unless otherwise authorized by the 
17 Firearm Concealed Carry Act; and databases under the 
18 Firearm Concealed Carry Act, records of the Concealed Carry 
19 Licensing Review Board under the Firearm Concealed Carry 
20 Act, and law enforcement agency objections under the 
21 Firearm Concealed Carry Act. 
22  (w) Personally identifiable information which is 
23 exempted from disclosure under subsection (g) of Section 
24 19.1 of the Toll Highway Act.
25  (x) Information which is exempted from disclosure 
26 under Section 5-1014.3 of the Counties Code or Section 
 
 
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1 8-11-21 of the Illinois Municipal Code. 
2  (y) Confidential information under the Adult 
3 Protective Services Act and its predecessor enabling 
4 statute, the Elder Abuse and Neglect Act, including 
5 information about the identity and administrative finding 
6 against any caregiver of a verified and substantiated 
7 decision of abuse, neglect, or financial exploitation of an 
8 eligible adult maintained in the Registry established 
9 under Section 7.5 of the Adult Protective Services Act. 
10  (z) Records and information provided to a fatality 
11 review team or the Illinois Fatality Review Team Advisory 
12 Council under Section 15 of the Adult Protective Services 
13 Act. 
14  (aa) Information which is exempted from disclosure 
15 under Section 2.37 of the Wildlife Code. 
16  (bb) Information which is or was prohibited from 
17 disclosure by the Juvenile Court Act of 1987. 
18(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, 
19eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, 
20eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, 
21eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)

22 Section 10. The Juvenile Court Act of 1987 is amended by 
23changing Sections 1-7 and 5-905 as follows:




24 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)


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

2 (A) Inspection and copying of law enforcement records 
3maintained by law
enforcement agencies that relate to a minor 
4who has been investigated, arrested, or taken
into custody 
5before his or her 18th birthday shall be restricted to the

6following:


7  (1) Any local, State or federal law enforcement 
8 officers of any
jurisdiction or agency when necessary for 
9 the discharge of their official
duties during the 
10 investigation or prosecution of a crime or relating to a

11 minor who has been adjudicated delinquent and there has 
12 been a previous finding
that the act which constitutes the 
13 previous offense was committed in
furtherance of criminal 
14 activities by a criminal street gang, or, when necessary 
15 for the discharge of its official duties in connection with 
16 a particular investigation of the conduct of a law 
17 enforcement officer, an independent agency or its staff 
18 created by ordinance and charged by a unit of local 
19 government with the duty of investigating the conduct of 
20 law enforcement officers. For purposes of
this Section, 
21 "criminal street gang" has the meaning ascribed to it in

22 Section 10 of the Illinois Streetgang Terrorism Omnibus 
23 Prevention Act.


24  (2) Prosecutors, probation officers, social workers, 
25 or other
individuals assigned by the court to conduct a 
26 pre-adjudication or
pre-disposition investigation, and 
 
 
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1 individuals responsible for supervising
or providing 
2 temporary or permanent care and custody for minors pursuant 
3 to
the order of the juvenile court, when essential to 
4 performing their
responsibilities.


5  (3) Prosecutors and probation officers:


6   (a) in the course of a trial when institution of 
7 criminal proceedings
has been permitted or required 
8 under Section 5-805; or


9   (b) when institution of criminal proceedings has 
10 been permitted or required under Section 5-805 and such 
11 minor is the
subject
of a proceeding to determine the 
12 amount of bail; or


13   (c) when criminal proceedings have been permitted

14 or
required under Section 5-805 and such minor is the 
15 subject of a
pre-trial
investigation, pre-sentence 
16 investigation, fitness hearing, or proceedings
on an 
17 application for probation.


18  (4) Adult and Juvenile Prisoner Review Board.


19  (5) Authorized military personnel.


20  (6) Persons engaged in bona fide research, with the 
21 permission of the
Presiding Judge of the Juvenile Court and 
22 the chief executive of the respective
law enforcement 
23 agency; provided that publication of such research results

24 in no disclosure of a minor's identity and protects the 
25 confidentiality
of the minor's record.


26  (7) Department of Children and Family Services child 
 
 
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1 protection
investigators acting in their official 
2 capacity.


3  (8) The appropriate school official only if the agency 
4 or officer believes that there is an imminent threat of 
5 physical harm to students, school personnel, or others who 
6 are present in the school or on school grounds.
7    (A) Inspection and copying
shall be limited to law 
8 enforcement records transmitted to the appropriate

9 school official or officials whom the school has 
10 determined to have a legitimate educational or safety 
11 interest by a local law enforcement agency under a 
12 reciprocal reporting
system established and maintained 
13 between the school district and the local law

14 enforcement agency under Section 10-20.14 of the 
15 School Code concerning a minor
enrolled in a school 
16 within the school district who has been arrested or 
17 taken
into custody for any of the following offenses:


18    (i) any violation of Article 24 of the Criminal 
19 Code of
1961 or the Criminal Code of 2012;


20    (ii) a violation of the Illinois Controlled 
21 Substances Act;


22    (iii) a violation of the Cannabis Control Act;


23    (iv) a forcible felony as defined in Section 
24 2-8 of the Criminal Code
of 1961 or the Criminal 
25 Code of 2012;
26    (v) a violation of the Methamphetamine Control 
 
 
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1 and Community Protection Act;


2    (vi) a violation of Section 1-2 of the 
3 Harassing and Obscene Communications Act; 
4    (vii) a violation of the Hazing Act; or 
5    (viii) a violation of Section 12-1, 12-2, 
6 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
7 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
8 Criminal Code of 1961 or the Criminal Code of 2012. 
9   The information derived from the law enforcement 
10 records shall be kept separate from and shall not 
11 become a part of the official school record of that 
12 child and shall not be a public record. The information 
13 shall be used solely by the appropriate school official 
14 or officials whom the school has determined to have a 
15 legitimate educational or safety interest to aid in the 
16 proper rehabilitation of the child and to protect the 
17 safety of students and employees in the school. If the 
18 designated law enforcement and school officials deem 
19 it to be in the best interest of the minor, the student 
20 may be referred to in-school or community based social 
21 services if those services are available. 
22 "Rehabilitation services" may include interventions by 
23 school support personnel, evaluation for eligibility 
24 for special education, referrals to community-based 
25 agencies such as youth services, behavioral healthcare 
26 service providers, drug and alcohol prevention or 
 
 
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1 treatment programs, and other interventions as deemed 
2 appropriate for the student. 
3   (B) Any information provided to appropriate school 
4 officials whom the school has determined to have a 
5 legitimate educational or safety interest by local law 
6 enforcement officials about a minor who is the subject 
7 of a current police investigation that is directly 
8 related to school safety shall consist of oral 
9 information only, and not written law enforcement 
10 records, and shall be used solely by the appropriate 
11 school official or officials to protect the safety of 
12 students and employees in the school and aid in the 
13 proper rehabilitation of the child. The information 
14 derived orally from the local law enforcement 
15 officials shall be kept separate from and shall not 
16 become a part of the official school record of the 
17 child and shall not be a public record. This limitation 
18 on the use of information about a minor who is the 
19 subject of a current police investigation shall in no 
20 way limit the use of this information by prosecutors in 
21 pursuing criminal charges arising out of the 
22 information disclosed during a police investigation of 
23 the minor. For purposes of this paragraph, 
24 "investigation" means an official systematic inquiry 
25 by a law enforcement agency into actual or suspected 
26 criminal activity. 

 
 
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1  (9) Mental health professionals on behalf of the 
2 Illinois Department of
Corrections or the Department of 
3 Human Services or prosecutors who are
evaluating, 
4 prosecuting, or investigating a potential or actual 
5 petition
brought
under the Sexually Violent Persons 
6 Commitment Act relating to a person who is
the
subject of 
7 juvenile law enforcement records or the respondent to a 
8 petition
brought under the Sexually Violent Persons 
9 Commitment Act who is the subject of
the
juvenile law 
10 enforcement records sought.
Any records and any 
11 information obtained from those records under this

12 paragraph (9) may be used only in sexually violent persons 
13 commitment
proceedings.

14  (10) The president of a park district. Inspection and 
15 copying shall be limited to law enforcement records 
16 transmitted to the president of the park district by the 
17 Illinois State Police under Section 8-23 of the Park 
18 District Code or Section 16a-5 of the Chicago Park District 
19 Act concerning a person who is seeking employment with that 
20 park district and who has been adjudicated a juvenile 
21 delinquent for any of the offenses listed in subsection (c) 
22 of Section 8-23 of the Park District Code or subsection (c) 
23 of Section 16a-5 of the Chicago Park District Act. 

24  (B)(1) Except as provided in paragraph (2), no law 
25 enforcement
officer or other person or agency may knowingly 
26 transmit to the Department of
Corrections or the Department 
 
 
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1 of State Police or to the Federal
Bureau of Investigation 
2 any fingerprint or photograph relating to a minor who
has 
3 been arrested or taken into custody before his or her 18th 
4 birthday,
unless the court in proceedings under this Act 
5 authorizes the transmission or
enters an order under 
6 Section 5-805 permitting or requiring the
institution of

7 criminal proceedings.


8  (2) Law enforcement officers or other persons or 
9 agencies shall transmit
to the Department of State Police 
10 copies of fingerprints and descriptions
of all minors who 
11 have been arrested or taken into custody before their
18th 
12 birthday for the offense of unlawful use of weapons under 
13 Article 24 of
the Criminal Code of 1961 or the Criminal 
14 Code of 2012, a Class X or Class 1 felony, a forcible 
15 felony as
defined in Section 2-8 of the Criminal Code of 
16 1961 or the Criminal Code of 2012, or a Class 2 or greater

17 felony under the Cannabis Control Act, the Illinois 
18 Controlled Substances Act, the Methamphetamine Control and 
19 Community Protection Act,
or Chapter 4 of the Illinois 
20 Vehicle Code, pursuant to Section 5 of the
Criminal 
21 Identification Act. Information reported to the Department 
22 pursuant
to this Section may be maintained with records 
23 that the Department files
pursuant to Section 2.1 of the 
24 Criminal Identification Act. Nothing in this
Act prohibits 
25 a law enforcement agency from fingerprinting a minor taken 
26 into
custody or arrested before his or her 18th birthday 
 
 
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1 for an offense other than
those listed in this paragraph 
2 (2).

3 (C) The records of law enforcement officers, or of an 
4independent agency created by ordinance and charged by a unit 
5of local government with the duty of investigating the conduct 
6of law enforcement officers, concerning all minors under
18 
7years of age must be maintained separate from the records of 
8arrests and
may not be open to public inspection or their 
9contents disclosed to the
public except by order of the court 
10presiding over matters pursuant to this Act or when the 
11institution of criminal
proceedings has been permitted or 
12required under Section
5-805 or such a person has been 
13convicted of a crime and is the
subject of
pre-sentence 
14investigation or proceedings on an application for probation
or 
15when provided by law. For purposes of obtaining documents 
16pursuant to this Section, a civil subpoena is not an order of 
17the court.
18  (1) In cases where the law enforcement, or independent 
19 agency, records concern a pending juvenile court case, the 
20 party seeking to inspect the records shall provide actual 
21 notice to the attorney or guardian ad litem of the minor 
22 whose records are sought.
23  (2) In cases where the records concern a juvenile court 
24 case that is no longer pending, the party seeking to 
25 inspect the records shall provide actual notice to the 
26 minor or the minor's parent or legal guardian, and the 
 
 
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1 matter shall be referred to the chief judge presiding over 
2 matters pursuant to this Act.
3  (3) In determining whether the records should be 
4 available for inspection, the court shall consider the 
5 minor's interest in confidentiality and rehabilitation 
6 over the moving party's interest in obtaining the 
7 information. Any records obtained in violation of this 
8 subsection (C) shall not be admissible in any criminal or 
9 civil proceeding, or operate to disqualify a minor from 
10 subsequently holding public office or securing employment, 
11 or operate as a forfeiture of any public benefit, right, 
12 privilege, or right to receive any license granted by 
13 public authority.


14 (D) Nothing contained in subsection (C) of this Section 
15shall prohibit
the inspection or disclosure to victims and 
16witnesses of photographs
contained in the records of law 
17enforcement agencies when the
inspection and disclosure is 
18conducted in the presence of a law enforcement
officer for the 
19purpose of the identification or apprehension of any person

20subject to the provisions of this Act or for the investigation 
21or
prosecution of any crime.

22 (E) Law enforcement officers, and personnel of an 
23independent agency created by ordinance and charged by a unit 
24of local government with the duty of investigating the conduct 
25of law enforcement officers, may not disclose the identity of 
26any minor
in releasing information to the general public as to 
 
 
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1the arrest, investigation
or disposition of any case involving 
2a minor.

3 (F) Nothing contained in this Section shall prohibit law 
4enforcement
agencies from communicating with each other by 
5letter, memorandum, teletype or
intelligence alert bulletin or 
6other means the identity or other relevant
information 
7pertaining to a person under 18 years of age if there are

8reasonable grounds to believe that the person poses a real and 
9present danger
to the safety of the public or law enforcement 
10officers. The information
provided under this subsection (F) 
11shall remain confidential and shall not
be publicly disclosed, 
12except as otherwise allowed by law.

13 (G) Nothing in this Section shall prohibit the right of a 
14Civil Service
Commission or appointing authority of any state, 
15county or municipality
examining the character and fitness of 
16an applicant for employment with a law
enforcement agency, 
17correctional institution, or fire department
from obtaining 
18and examining the
records of any law enforcement agency 
19relating to any record of the applicant
having been arrested or 
20taken into custody before the applicant's 18th
birthday.

21 (H) The changes made to this Section by Public Act 98-61 
22apply to law enforcement records of a minor who has been 
23arrested or taken into custody on or after January 1, 2014 (the 
24effective date of Public Act 98-61). 
25(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; 
2697-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. 
 
 
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11-1-14; 98-756, eff. 7-16-14.)




2 (705 ILCS 405/5-905)


3 Sec. 5-905. Law enforcement records. 

4 (1) Law Enforcement Records.
Inspection and copying of law 
5enforcement records maintained by law enforcement
agencies 
6that relate to a minor who has been investigated, arrested, or 
7taken into custody
before his or her 18th birthday shall be 
8restricted to the following and when
necessary for the 
9discharge of their official duties:


10  (a) A judge of the circuit court and members of the 
11 staff of the court
designated by the judge;


12  (b) Law enforcement officers, probation officers or 
13 prosecutors or their
staff, or, when necessary for the 
14 discharge of its official duties in connection with a 
15 particular investigation of the conduct of a law 
16 enforcement officer, an independent agency or its staff 
17 created by ordinance and charged by a unit of local 
18 government with the duty of investigating the conduct of 
19 law enforcement officers;


20  (c) The minor, the minor's parents or legal guardian 
21 and their attorneys,
but only when the juvenile has been 
22 charged with an offense;


23  (d) Adult and Juvenile Prisoner Review Boards;


24  (e) Authorized military personnel;


25  (f) Persons engaged in bona fide research, with the 
 
 
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1 permission of the
judge of juvenile court and the chief 
2 executive of the agency that prepared the
particular 
3 recording: provided that publication of such research 
4 results in no
disclosure of a minor's identity and protects 
5 the confidentiality of the
record;


6  (g) Individuals responsible for supervising or 
7 providing temporary or
permanent care and custody of minors 
8 pursuant to orders of the juvenile court
or directives from 
9 officials of the Department of Children and Family
Services 
10 or the Department of Human Services who certify in writing 
11 that the
information will not be disclosed to any other 
12 party except as provided under
law or order of court;


13  (h) The appropriate school official only if the agency 
14 or officer believes that there is an imminent threat of 
15 physical harm to students, school personnel, or others who 
16 are present in the school or on school grounds.
17    (A) Inspection and copying
shall be limited to law 
18 enforcement records transmitted to the appropriate

19 school official or officials whom the school has 
20 determined to have a legitimate educational or safety 
21 interest by a local law enforcement agency under a 
22 reciprocal reporting
system established and maintained 
23 between the school district and the local law

24 enforcement agency under Section 10-20.14 of the 
25 School Code concerning a minor
enrolled in a school 
26 within the school district who has been arrested
or 
 
 
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1 taken into custody for any of the following offenses:
2    (i) any violation of Article 24 of the Criminal 
3 Code of
1961 or the Criminal Code of 2012; 
4    (ii) a violation of the Illinois Controlled 
5 Substances Act; 
6    (iii) a violation of the Cannabis Control Act; 
7    (iv) a forcible felony as defined in Section 
8 2-8 of the Criminal Code
of 1961 or the Criminal 
9 Code of 2012; 
10    (v) a violation of the Methamphetamine Control 
11 and Community Protection Act; 
12    (vi) a violation of Section 1-2 of the 
13 Harassing and Obscene Communications Act; 
14    (vii) a violation of the Hazing Act; or 
15    (viii) a violation of Section 12-1, 12-2, 
16 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
17 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012. 
19   The information derived from the law enforcement 
20 records shall be kept separate from and shall not 
21 become a part of the official school record of that 
22 child and shall not be a public record. The information 
23 shall be used solely by the appropriate school official 
24 or officials whom the school has determined to have a 
25 legitimate educational or safety interest to aid in the 
26 proper rehabilitation of the child and to protect the 
 
 
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1 safety of students and employees in the school. If the 
2 designated law enforcement and school officials deem 
3 it to be in the best interest of the minor, the student 
4 may be referred to in-school or community based social 
5 services if those services are available. 
6 "Rehabilitation services" may include interventions by 
7 school support personnel, evaluation for eligibility 
8 for special education, referrals to community-based 
9 agencies such as youth services, behavioral healthcare 
10 service providers, drug and alcohol prevention or 
11 treatment programs, and other interventions as deemed 
12 appropriate for the student.
13   (B) Any information provided to appropriate school 
14 officials whom the school has determined to have a 
15 legitimate educational or safety interest by local law 
16 enforcement officials about a minor who is the subject 
17 of a current police investigation that is directly 
18 related to school safety shall consist of oral 
19 information only, and not written law enforcement 
20 records, and shall be used solely by the appropriate 
21 school official or officials to protect the safety of 
22 students and employees in the school and aid in the 
23 proper rehabilitation of the child. The information 
24 derived orally from the local law enforcement 
25 officials shall be kept separate from and shall not 
26 become a part of the official school record of the 
 
 
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1 child and shall not be a public record. This limitation 
2 on the use of information about a minor who is the 
3 subject of a current police investigation shall in no 
4 way limit the use of this information by prosecutors in 
5 pursuing criminal charges arising out of the 
6 information disclosed during a police investigation of 
7 the minor. For purposes of this paragraph, 
8 "investigation" means an official systematic inquiry 
9 by a law enforcement agency into actual or suspected 
10 criminal activity; 

11  (i) The president of a park district. Inspection and 
12 copying shall be limited to law enforcement records 
13 transmitted to the president of the park district by the 
14 Illinois State Police under Section 8-23 of the Park 
15 District Code or Section 16a-5 of the Chicago Park District 
16 Act concerning a person who is seeking employment with that 
17 park district and who has been adjudicated a juvenile 
18 delinquent for any of the offenses listed in subsection (c) 
19 of Section 8-23 of the Park District Code or subsection (c) 
20 of Section 16a-5 of the Chicago Park District Act. 
21 (2) Information identifying victims and alleged victims of 
22sex offenses,
shall not be disclosed or open to public 
23inspection under any circumstances.
Nothing in this Section 
24shall prohibit the victim or alleged victim of any sex
offense 
25from voluntarily disclosing his or her identity.

26 (2.5) If the minor is a victim of aggravated battery, 
 
 
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1battery, attempted first degree murder, or other non-sexual 
2violent offense, the identity of the victim may be disclosed to 
3appropriate school officials, for the purpose of preventing 
4foreseeable future violence involving minors, by a local law 
5enforcement agency pursuant to an agreement established 
6between the school district and a local law enforcement agency 
7subject to the approval by the presiding judge of the juvenile 
8court. 
9 (3) Relevant information, reports and records shall be made 
10available to the
Department of Juvenile Justice when a juvenile 
11offender has been placed in the
custody of the Department of 
12Juvenile Justice.

13 (4) Nothing in this Section shall prohibit the inspection 
14or disclosure to
victims and witnesses of photographs contained 
15in the records of law
enforcement agencies when the inspection 
16or disclosure is conducted in the
presence of a law enforcement 
17officer for purposes of identification or
apprehension of any 
18person in the course of any criminal investigation or

19prosecution.

20 (5) The records of law enforcement officers, or of an 
21independent agency created by ordinance and charged by a unit 
22of local government with the duty of investigating the conduct 
23of law enforcement officers, concerning all minors under
18 
24years of age must be maintained separate from the records of 
25adults and
may not be open to public inspection or their 
26contents disclosed to the
public except by order of the court 
 
 
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1or when the institution of criminal
proceedings has been 
2permitted under Section 5-130 or 5-805 or required
under 
3Section
5-130 or 5-805 or such a person has been convicted of a 
4crime and is the
subject of
pre-sentence investigation or when 
5provided by law.

6 (6) Except as otherwise provided in this subsection (6), 
7law enforcement
officers, and personnel of an independent 
8agency created by ordinance and charged by a unit of local 
9government with the duty of investigating the conduct of law 
10enforcement officers, may not disclose the identity of any 
11minor
in releasing information to the general public as to the 
12arrest, investigation
or disposition of any case involving a 
13minor.
Any victim or parent or legal guardian of a victim may 
14petition the court to
disclose the name and address of the 
15minor and the minor's parents or legal
guardian, or both. Upon 
16a finding by clear and convincing evidence that the
disclosure 
17is either necessary for the victim to pursue a civil remedy 
18against
the minor or the minor's parents or legal guardian, or 
19both, or to protect the
victim's person or property from the 
20minor, then the court may order the
disclosure of the 
21information to the victim or to the parent or legal guardian
of 
22the victim only for the purpose of the victim pursuing a civil 
23remedy
against the minor or the minor's parents or legal 
24guardian, or both, or to
protect the victim's person or 
25property from the minor.

26 (7) Nothing contained in this Section shall prohibit law 
 
 
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1enforcement
agencies when acting in their official capacity 
2from communicating with each
other by letter, memorandum, 
3teletype or
intelligence alert bulletin or other means the 
4identity or other relevant
information pertaining to a person 
5under 18 years of age. The information
provided under this 
6subsection (7) shall remain confidential and shall not
be 
7publicly disclosed, except as otherwise allowed by law.

8 (8) No person shall disclose information under this Section 
9except when
acting in his or her official capacity and as 
10provided by law or order of
court.

11 (9) The changes made to this Section by Public Act 98-61 
12apply to law enforcement records of a minor who has been 
13arrested or taken into custody on or after January 1, 2014 (the 
14effective date of Public Act 98-61). 
15(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; 
1697-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff. 
177-16-14.)