HB3895 Enrolled LRB099 10007 HEP 30227 b
1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Freedom of Information Act is amended by
5		changing Sections 2.15, 7, 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
9		maintained arrest and criminal history information maintained
10		by State or local criminal justice agencies shall be furnished
11		as soon as practical, but in no event later than 72 hours after
12		the arrest, notwithstanding the time limits otherwise provided
13		for in Section 3 of this Act: (i) information that identifies
14		the individual, including the name, age, address, and
15		photograph, when and if available; (ii) information detailing
16		any charges relating to the arrest; (iii) the time and location
17		of the arrest; (iv) the name of the investigating or arresting
18		law enforcement agency; (v) if the individual is incarcerated,
19		the amount of any bail or bond; and (vi) if the individual is
20		incarcerated, the time and date that the individual was
21		received into, discharged from, or transferred from the
22		arresting agency's custody.
23		(b) Criminal history records. The following documents

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1		maintained by a public body pertaining to criminal history
2		record information are public records subject to inspection and
3		copying by the public pursuant to this Act: (i) court records
4		that are public; (ii) records that are otherwise available
5		under State or local law; and (iii) records in which the
6		requesting party is the individual identified, except as
7		provided under Section 7(1)(d)(vi).
8		(c) Information described in items (iii) through (vi) of
9		subsection (a) may be withheld if it is determined that
10		disclosure would: (i) interfere with pending or actually and
11		reasonably contemplated law enforcement proceedings conducted
12		by any law enforcement agency; (ii) endanger the life or
13		physical safety of law enforcement or correctional personnel or
14		any other person; or (iii) compromise the security of any
15		correctional facility.
16		(d) The provisions of this Section do not supersede the
17		confidentiality provisions for law enforcement or arrest
18		records of the Juvenile Court Act of 1987.
19		(Source: P.A. 96-542, eff. 1-1-10.)
20		(5 ILCS 140/7) (from Ch. 116, par. 207)
21		Sec. 7. Exemptions.
22		(1) When a request is made to inspect or copy a public
23		record that contains information that is exempt from disclosure
24		under this Section, but also contains information that is not
25		exempt from disclosure, the public body may elect to redact the

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1		information that is exempt. The public body shall make the
2		remaining information available for inspection and copying.
3		Subject to this requirement, the following shall be exempt from
4		inspection and copying:
5		(a) Information specifically prohibited from
6		disclosure by federal or State law or rules and regulations
7		implementing federal or State law.
8		(b) Private information, unless disclosure is required
9		by another provision of this Act, a State or federal law or
10		a court order.
11		(b-5) Files, documents, and other data or databases
12		maintained by one or more law enforcement agencies and
13		specifically designed to provide information to one or more
14		law enforcement agencies regarding the physical or mental
15		status of one or more individual subjects.
16		(c) Personal information contained within public
17		records, the disclosure of which would constitute a clearly
18		unwarranted invasion of personal privacy, unless the
19		disclosure is consented to in writing by the individual
20		subjects of the information. "Unwarranted invasion of
21		personal privacy" means the disclosure of information that
22		is highly personal or objectionable to a reasonable person
23		and in which the subject's right to privacy outweighs any
24		legitimate public interest in obtaining the information.
25		The disclosure of information that bears on the public
26		duties of public employees and officials shall not be

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1		considered an invasion of personal privacy.
2		(d) Records in the possession of any public body
3		created in the course of administrative enforcement
4		proceedings, and any law enforcement or correctional
5		agency for law enforcement purposes, but only to the extent
6		that disclosure would:
7		(i) interfere with pending or actually and
8		reasonably contemplated law enforcement proceedings
9		conducted by any law enforcement or correctional
10		agency that is the recipient of the request;
11		(ii) interfere with active administrative
12		enforcement proceedings conducted by the public body
13		that is the recipient of the request;
14		(iii) create a substantial likelihood that a
15		person will be deprived of a fair trial or an impartial
16		hearing;
17		(iv) unavoidably disclose the identity of a
18		confidential source, confidential information
19		furnished only by the confidential source, or persons
20		who file complaints with or provide information to
21		administrative, investigative, law enforcement, or
22		penal agencies; except that the identities of
23		witnesses to traffic accidents, traffic accident
24		reports, and rescue reports shall be provided by
25		agencies of local government, except when disclosure
26		would interfere with an active criminal investigation

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1		conducted by the agency that is the recipient of the
2		request;
3		(v) disclose unique or specialized investigative
4		techniques other than those generally used and known or
5		disclose internal documents of correctional agencies
6		related to detection, observation or investigation of
7		incidents of crime or misconduct, and disclosure would
8		result in demonstrable harm to the agency or public
9		body that is the recipient of the request;
10		(vi) endanger the life or physical safety of law
11		enforcement personnel or any other person; or
12		(vii) obstruct an ongoing criminal investigation
13		by the agency that is the recipient of the request.
14		(d-5) A law enforcement record created for law
15		enforcement purposes and contained in a shared electronic
16		record management system if the law enforcement agency that
17		is the recipient of the request did not create the record,
18		did not participate in or have a role in any of the events
19		which are the subject of the record, and only has access to
20		the record through the shared electronic record management
21		system.
22		(e) Records that relate to or affect the security of
23		correctional institutions and detention facilities.
24		(e-5) Records requested by persons committed to the
25		Department of Corrections if those materials are available
26		in the library of the correctional facility where the

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1		inmate is confined.
2		(e-6) Records requested by persons committed to the
3		Department of Corrections if those materials include
4		records from staff members' personnel files, staff
5		rosters, or other staffing assignment information.
6		(e-7) Records requested by persons committed to the
7		Department of Corrections if those materials are available
8		through an administrative request to the Department of
9		Corrections.
10		(f) Preliminary drafts, notes, recommendations,
11		memoranda and other records in which opinions are
12		expressed, or policies or actions are formulated, except
13		that a specific record or relevant portion of a record
14		shall not be exempt when the record is publicly cited and
15		identified by the head of the public body. The exemption
16		provided in this paragraph (f) extends to all those records
17		of officers and agencies of the General Assembly that
18		pertain to the preparation of legislative documents.
19		(g) Trade secrets and commercial or financial
20		information obtained from a person or business where the
21		trade secrets or commercial or financial information are
22		furnished under a claim that they are proprietary,
23		privileged or confidential, and that disclosure of the
24		trade secrets or commercial or financial information would
25		cause competitive harm to the person or business, and only
26		insofar as the claim directly applies to the records

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1		requested.
2		The information included under this exemption includes
3		all trade secrets and commercial or financial information
4		obtained by a public body, including a public pension fund,
5		from a private equity fund or a privately held company
6		within the investment portfolio of a private equity fund as
7		a result of either investing or evaluating a potential
8		investment of public funds in a private equity fund. The
9		exemption contained in this item does not apply to the
10		aggregate financial performance information of a private
11		equity fund, nor to the identity of the fund's managers or
12		general partners. The exemption contained in this item does
13		not apply to the identity of a privately held company
14		within the investment portfolio of a private equity fund,
15		unless the disclosure of the identity of a privately held
16		company may cause competitive harm.
17		Nothing contained in this paragraph (g) shall be
18		construed to prevent a person or business from consenting
19		to disclosure.
20		(h) Proposals and bids for any contract, grant, or
21		agreement, including information which if it were
22		disclosed would frustrate procurement or give an advantage
23		to any person proposing to enter into a contractor
24		agreement with the body, until an award or final selection
25		is made. Information prepared by or for the body in
26		preparation of a bid solicitation shall be exempt until an

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1		award or final selection is made.
2		(i) Valuable formulae, computer geographic systems,
3		designs, drawings and research data obtained or produced by
4		any public body when disclosure could reasonably be
5		expected to produce private gain or public loss. The
6		exemption for "computer geographic systems" provided in
7		this paragraph (i) does not extend to requests made by news
8		media as defined in Section 2 of this Act when the
9		requested information is not otherwise exempt and the only
10		purpose of the request is to access and disseminate
11		information regarding the health, safety, welfare, or
12		legal rights of the general public.
13		(j) The following information pertaining to
14		educational matters:
15		(i) test questions, scoring keys and other
16		examination data used to administer an academic
17		examination;
18		(ii) information received by a primary or
19		secondary school, college, or university under its
20		procedures for the evaluation of faculty members by
21		their academic peers;
22		(iii) information concerning a school or
23		university's adjudication of student disciplinary
24		cases, but only to the extent that disclosure would
25		unavoidably reveal the identity of the student; and
26		(iv) course materials or research materials used

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1		by faculty members.
2		(k) Architects' plans, engineers' technical
3		submissions, and other construction related technical
4		documents for projects not constructed or developed in
5		whole or in part with public funds and the same for
6		projects constructed or developed with public funds,
7		including but not limited to power generating and
8		distribution stations and other transmission and
9		distribution facilities, water treatment facilities,
10		airport facilities, sport stadiums, convention centers,
11		and all government owned, operated, or occupied buildings,
12		but only to the extent that disclosure would compromise
13		security.
14		(l) Minutes of meetings of public bodies closed to the
15		public as provided in the Open Meetings Act until the
16		public body makes the minutes available to the public under
17		Section 2.06 of the Open Meetings Act.
18		(m) Communications between a public body and an
19		attorney or auditor representing the public body that would
20		not be subject to discovery in litigation, and materials
21		prepared or compiled by or for a public body in
22		anticipation of a criminal, civil or administrative
23		proceeding upon the request of an attorney advising the
24		public body, and materials prepared or compiled with
25		respect to internal audits of public bodies.
26		(n) Records relating to a public body's adjudication of

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1		employee grievances or disciplinary cases; however, this
2		exemption shall not extend to the final outcome of cases in
3		which discipline is imposed.
4		(o) Administrative or technical information associated
5		with automated data processing operations, including but
6		not limited to software, operating protocols, computer
7		program abstracts, file layouts, source listings, object
8		modules, load modules, user guides, documentation
9		pertaining to all logical and physical design of
10		computerized systems, employee manuals, and any other
11		information that, if disclosed, would jeopardize the
12		security of the system or its data or the security of
13		materials exempt under this Section.
14		(p) Records relating to collective negotiating matters
15		between public bodies and their employees or
16		representatives, except that any final contract or
17		agreement shall be subject to inspection and copying.
18		(q) Test questions, scoring keys, and other
19		examination data used to determine the qualifications of an
20		applicant for a license or employment.
21		(r) The records, documents, and information relating
22		to real estate purchase negotiations until those
23		negotiations have been completed or otherwise terminated.
24		With regard to a parcel involved in a pending or actually
25		and reasonably contemplated eminent domain proceeding
26		under the Eminent Domain Act, records, documents and

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1		information relating to that parcel shall be exempt except
2		as may be allowed under discovery rules adopted by the
3		Illinois Supreme Court. The records, documents and
4		information relating to a real estate sale shall be exempt
5		until a sale is consummated.
6		(s) Any and all proprietary information and records
7		related to the operation of an intergovernmental risk
8		management association or self-insurance pool or jointly
9		self-administered health and accident cooperative or pool.
10		Insurance or self insurance (including any
11		intergovernmental risk management association or self
12		insurance pool) claims, loss or risk management
13		information, records, data, advice or communications.
14		(t) Information contained in or related to
15		examination, operating, or condition reports prepared by,
16		on behalf of, or for the use of a public body responsible
17		for the regulation or supervision of financial
18		institutions or insurance companies, unless disclosure is
19		otherwise required by State law.
20		(u) Information that would disclose or might lead to
21		the disclosure of secret or confidential information,
22		codes, algorithms, programs, or private keys intended to be
23		used to create electronic or digital signatures under the
24		Electronic Commerce Security Act.
25		(v) Vulnerability assessments, security measures, and
26		response policies or plans that are designed to identify,

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1		prevent, or respond to potential attacks upon a community's
2		population or systems, facilities, or installations, the
3		destruction or contamination of which would constitute a
4		clear and present danger to the health or safety of the
5		community, but only to the extent that disclosure could
6		reasonably be expected to jeopardize the effectiveness of
7		the measures or the safety of the personnel who implement
8		them or the public. Information exempt under this item may
9		include such things as details pertaining to the
10		mobilization or deployment of personnel or equipment, to
11		the operation of communication systems or protocols, or to
12		tactical operations.
13		(w) (Blank).
14		(x) Maps and other records regarding the location or
15		security of generation, transmission, distribution,
16		storage, gathering, treatment, or switching facilities
17		owned by a utility, by a power generator, or by the
18		Illinois Power Agency.
19		(y) Information contained in or related to proposals,
20		bids, or negotiations related to electric power
21		procurement under Section 1-75 of the Illinois Power Agency
22		Act and Section 16-111.5 of the Public Utilities Act that
23		is determined to be confidential and proprietary by the
24		Illinois Power Agency or by the Illinois Commerce
25		Commission.
26		(z) Information about students exempted from

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1		disclosure under Sections 10-20.38 or 34-18.29 of the
2		School Code, and information about undergraduate students
3		enrolled at an institution of higher education exempted
4		from disclosure under Section 25 of the Illinois Credit
5		Card Marketing Act of 2009.
6		(aa) Information the disclosure of which is exempted
7		under the Viatical Settlements Act of 2009.
8		(bb) Records and information provided to a mortality
9		review team and records maintained by a mortality review
10		team appointed under the Department of Juvenile Justice
11		Mortality Review Team Act.
12		(cc) Information regarding interments, entombments, or
13		inurnments of human remains that are submitted to the
14		Cemetery Oversight Database under the Cemetery Care Act or
15		the Cemetery Oversight Act, whichever is applicable.
16		(dd) Correspondence and records (i) that may not be
17		disclosed under Section 11-9 of the Public Aid Code or (ii)
18		that pertain to appeals under Section 11-8 of the Public
19		Aid Code.
20		(ee) The names, addresses, or other personal
21		information of persons who are minors and are also
22		participants and registrants in programs of park
23		districts, forest preserve districts, conservation
24		districts, recreation agencies, and special recreation
25		associations.
26		(ff) The names, addresses, or other personal

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1		information of participants and registrants in programs of
2		park districts, forest preserve districts, conservation
3		districts, recreation agencies, and special recreation
4		associations where such programs are targeted primarily to
5		minors.
6		(gg) Confidential information described in Section
7		1-100 of the Illinois Independent Tax Tribunal Act of 2012.
8		(hh) The report submitted to the State Board of
9		Education by the School Security and Standards Task Force
10		under item (8) of subsection (d) of Section 2-3.160 of the
11		School Code and any information contained in that report.
12		(ii) Records requested by persons committed to or
13		detained by the Department of Human Services under the
14		Sexually Violent Persons Commitment Act or committed to the
15		Department of Corrections under the Sexually Dangerous
16		Persons Act if those materials: (i) are available in the
17		library of the facility where the individual is confined;
18		(ii) include records from staff members' personnel files,
19		staff rosters, or other staffing assignment information;
20		or (iii) are available through an administrative request to
21		the Department of Human Services or the Department of
22		Corrections.
23		(1.5) Any information exempt from disclosure under the
24		Judicial Privacy Act shall be redacted from public records
25		prior to disclosure under this Act.
26		(2) A public record that is not in the possession of a

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1		public body but is in the possession of a party with whom the
2		agency has contracted to perform a governmental function on
3		behalf of the public body, and that directly relates to the
4		governmental function and is not otherwise exempt under this
5		Act, shall be considered a public record of the public body,
6		for purposes of this Act.
7		(3) This Section does not authorize withholding of
8		information or limit the availability of records to the public,
9		except as stated in this Section or otherwise provided in this
10		Act.
11		(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
12		97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.
13		7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
14		eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
15		98-695, eff. 7-3-14.)
16		(5 ILCS 140/7.5)
17		Sec. 7.5. Statutory exemptions Exemptions. To the extent
18		provided for by the statutes referenced below, the following
19		shall be exempt from inspection and copying:
20		(a) All information determined to be confidential
21		under Section 4002 of the Technology Advancement and
22		Development Act.
23		(b) Library circulation and order records identifying
24		library users with specific materials under the Library
25		Records Confidentiality Act.

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1		(c) Applications, related documents, and medical
2		records received by the Experimental Organ Transplantation
3		Procedures Board and any and all documents or other records
4		prepared by the Experimental Organ Transplantation
5		Procedures Board or its staff relating to applications it
6		has received.
7		(d) Information and records held by the Department of
8		Public Health and its authorized representatives relating
9		to known or suspected cases of sexually transmissible
10		disease or any information the disclosure of which is
11		restricted under the Illinois Sexually Transmissible
12		Disease Control Act.
13		(e) Information the disclosure of which is exempted
14		under Section 30 of the Radon Industry Licensing Act.
15		(f) Firm performance evaluations under Section 55 of
16		the Architectural, Engineering, and Land Surveying
17		Qualifications Based Selection Act.
18		(g) Information the disclosure of which is restricted
19		and exempted under Section 50 of the Illinois Prepaid
20		Tuition Act.
21		(h) Information the disclosure of which is exempted
22		under the State Officials and Employees Ethics Act, and
23		records of any lawfully created State or local inspector
24		general's office that would be exempt if created or
25		obtained by an Executive Inspector General's office under
26		that Act.

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1		(i) Information contained in a local emergency energy
2		plan submitted to a municipality in accordance with a local
3		emergency energy plan ordinance that is adopted under
4		Section 11-21.5-5 of the Illinois Municipal Code.
5		(j) Information and data concerning the distribution
6		of surcharge moneys collected and remitted by wireless
7		carriers under the Wireless Emergency Telephone Safety
8		Act.
9		(k) Law enforcement officer identification information
10		or driver identification information compiled by a law
11		enforcement agency or the Department of Transportation
12		under Section 11-212 of the Illinois Vehicle Code.
13		(l) Records and information provided to a residential
14		health care facility resident sexual assault and death
15		review team or the Executive Council under the Abuse
16		Prevention Review Team Act.
17		(m) Information provided to the predatory lending
18		database created pursuant to Article 3 of the Residential
19		Real Property Disclosure Act, except to the extent
20		authorized under that Article.
21		(n) Defense budgets and petitions for certification of
22		compensation and expenses for court appointed trial
23		counsel as provided under Sections 10 and 15 of the Capital
24		Crimes Litigation Act. This subsection (n) shall apply
25		until the conclusion of the trial of the case, even if the
26		prosecution chooses not to pursue the death penalty prior

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1		to trial or sentencing.
2		(o) Information that is prohibited from being
3		disclosed under Section 4 of the Illinois Health and
4		Hazardous Substances Registry Act.
5		(p) Security portions of system safety program plans,
6		investigation reports, surveys, schedules, lists, data, or
7		information compiled, collected, or prepared by or for the
8		Regional Transportation Authority under Section 2.11 of
9		the Regional Transportation Authority Act or the St. Clair
10		County Transit District under the Bi-State Transit Safety
11		Act.
12		(q) Information prohibited from being disclosed by the
13		Personnel Records Review Act.
14		(r) Information prohibited from being disclosed by the
15		Illinois School Student Records Act.
16		(s) Information the disclosure of which is restricted
17		under Section 5-108 of the Public Utilities Act.
18		(t) All identified or deidentified health information
19		in the form of health data or medical records contained in,
20		stored in, submitted to, transferred by, or released from
21		the Illinois Health Information Exchange, and identified
22		or deidentified health information in the form of health
23		data and medical records of the Illinois Health Information
24		Exchange in the possession of the Illinois Health
25		Information Exchange Authority due to its administration
26		of the Illinois Health Information Exchange. The terms

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1		"identified" and "deidentified" shall be given the same
2		meaning as in the Health Insurance Accountability and
3		Portability Act of 1996, Public Law 104-191, or any
4		subsequent amendments thereto, and any regulations
5		promulgated thereunder.
6		(u) Records and information provided to an independent
7		team of experts under Brian's Law.
8		(v) Names and information of people who have applied
9		for or received Firearm Owner's Identification Cards under
10		the Firearm Owners Identification Card Act or applied for
11		or received a concealed carry license under the Firearm
12		Concealed Carry Act, unless otherwise authorized by the
13		Firearm Concealed Carry Act; and databases under the
14		Firearm Concealed Carry Act, records of the Concealed Carry
15		Licensing Review Board under the Firearm Concealed Carry
16		Act, and law enforcement agency objections under the
17		Firearm Concealed Carry Act.
18		(w) Personally identifiable information which is
19		exempted from disclosure under subsection (g) of Section
20		19.1 of the Toll Highway Act.
21		(x) Information which is exempted from disclosure
22		under Section 5-1014.3 of the Counties Code or Section
23		8-11-21 of the Illinois Municipal Code.
24		(y) Confidential information under the Adult
25		Protective Services Act and its predecessor enabling
26		statute, the Elder Abuse and Neglect Act, including

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1		information about the identity and administrative finding
2		against any caregiver of a verified and substantiated
3		decision of abuse, neglect, or financial exploitation of an
4		eligible adult maintained in the Registry established
5		under Section 7.5 of the Adult Protective Services Act.
6		(z) Records and information provided to a fatality
7		review team or the Illinois Fatality Review Team Advisory
8		Council under Section 15 of the Adult Protective Services
9		Act.
10		(aa) Information which is exempted from disclosure
11		under Section 2.37 of the Wildlife Code.
12		(bb) Information which is or was prohibited from
13		disclosure by the Juvenile Court Act of 1987.
14		(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
15		eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
16		eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
17		eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
18		Section 10. The Juvenile Court Act of 1987 is amended by
19		changing Sections 1-7 and 5-905 as follows:
20		(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
21		Sec. 1-7. Confidentiality of law enforcement records.
22		(A) Inspection and copying of law enforcement records
23		maintained by law enforcement agencies that relate to a minor
24		who has been investigated, arrested, or taken into custody

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1		before his or her 18th birthday shall be restricted to the
2		following:
3		(1) Any local, State or federal law enforcement
4		officers of any jurisdiction or agency when necessary for
5		the discharge of their official duties during the
6		investigation or prosecution of a crime or relating to a
7		minor who has been adjudicated delinquent and there has
8		been a previous finding that the act which constitutes the
9		previous offense was committed in furtherance of criminal
10		activities by a criminal street gang, or, when necessary
11		for the discharge of its official duties in connection with
12		a particular investigation of the conduct of a law
13		enforcement officer, an independent agency or its staff
14		created by ordinance and charged by a unit of local
15		government with the duty of investigating the conduct of
16		law enforcement officers. For purposes of this Section,
17		"criminal street gang" has the meaning ascribed to it in
18		Section 10 of the Illinois Streetgang Terrorism Omnibus
19		Prevention Act.
20		(2) Prosecutors, probation officers, social workers,
21		or other individuals assigned by the court to conduct a
22		pre-adjudication or pre-disposition investigation, and
23		individuals responsible for supervising or providing
24		temporary or permanent care and custody for minors pursuant
25		to the order of the juvenile court, when essential to
26		performing their responsibilities.

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1		(3) Prosecutors and probation officers:
2		(a) in the course of a trial when institution of
3		criminal proceedings has been permitted or required
4		under Section 5-805; or
5		(b) when institution of criminal proceedings has
6		been permitted or required under Section 5-805 and such
7		minor is the subject of a proceeding to determine the
8		amount of bail; or
9		(c) when criminal proceedings have been permitted
10		or required under Section 5-805 and such minor is the
11		subject of a pre-trial investigation, pre-sentence
12		investigation, fitness hearing, or proceedings on an
13		application for probation.
14		(4) Adult and Juvenile Prisoner Review Board.
15		(5) Authorized military personnel.
16		(6) Persons engaged in bona fide research, with the
17		permission of the Presiding Judge of the Juvenile Court and
18		the chief executive of the respective law enforcement
19		agency; provided that publication of such research results
20		in no disclosure of a minor's identity and protects the
21		confidentiality of the minor's record.
22		(7) Department of Children and Family Services child
23		protection investigators acting in their official
24		capacity.
25		(8) The appropriate school official only if the agency
26		or officer believes that there is an imminent threat of

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1		physical harm to students, school personnel, or others who
2		are present in the school or on school grounds.
3		(A) Inspection and copying shall be limited to law
4		enforcement records transmitted to the appropriate
5		school official or officials whom the school has
6		determined to have a legitimate educational or safety
7		interest by a local law enforcement agency under a
8		reciprocal reporting system established and maintained
9		between the school district and the local law
10		enforcement agency under Section 10-20.14 of the
11		School Code concerning a minor enrolled in a school
12		within the school district who has been arrested or
13		taken into custody for any of the following offenses:
14		(i) any violation of Article 24 of the Criminal
15		Code of 1961 or the Criminal Code of 2012;
16		(ii) a violation of the Illinois Controlled
17		Substances Act;
18		(iii) a violation of the Cannabis Control Act;
19		(iv) a forcible felony as defined in Section
20		2-8 of the Criminal Code of 1961 or the Criminal
21		Code of 2012;
22		(v) a violation of the Methamphetamine Control
23		and Community Protection Act;
24		(vi) a violation of Section 1-2 of the
25		Harassing and Obscene Communications Act;
26		(vii) a violation of the Hazing Act; or

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1		(viii) a violation of Section 12-1, 12-2,
2		12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
3		12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
4		Criminal Code of 1961 or the Criminal Code of 2012.
5		The information derived from the law enforcement
6		records shall be kept separate from and shall not
7		become a part of the official school record of that
8		child and shall not be a public record. The information
9		shall be used solely by the appropriate school official
10		or officials whom the school has determined to have a
11		legitimate educational or safety interest to aid in the
12		proper rehabilitation of the child and to protect the
13		safety of students and employees in the school. If the
14		designated law enforcement and school officials deem
15		it to be in the best interest of the minor, the student
16		may be referred to in-school or community based social
17		services if those services are available.
18		"Rehabilitation services" may include interventions by
19		school support personnel, evaluation for eligibility
20		for special education, referrals to community-based
21		agencies such as youth services, behavioral healthcare
22		service providers, drug and alcohol prevention or
23		treatment programs, and other interventions as deemed
24		appropriate for the student.
25		(B) Any information provided to appropriate school
26		officials whom the school has determined to have a

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1		legitimate educational or safety interest by local law
2		enforcement officials about a minor who is the subject
3		of a current police investigation that is directly
4		related to school safety shall consist of oral
5		information only, and not written law enforcement
6		records, and shall be used solely by the appropriate
7		school official or officials to protect the safety of
8		students and employees in the school and aid in the
9		proper rehabilitation of the child. The information
10		derived orally from the local law enforcement
11		officials shall be kept separate from and shall not
12		become a part of the official school record of the
13		child and shall not be a public record. This limitation
14		on the use of information about a minor who is the
15		subject of a current police investigation shall in no
16		way limit the use of this information by prosecutors in
17		pursuing criminal charges arising out of the
18		information disclosed during a police investigation of
19		the minor. For purposes of this paragraph,
20		"investigation" means an official systematic inquiry
21		by a law enforcement agency into actual or suspected
22		criminal activity.
23		(9) Mental health professionals on behalf of the
24		Illinois Department of Corrections or the Department of
25		Human Services or prosecutors who are evaluating,
26		prosecuting, or investigating a potential or actual

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1		petition brought under the Sexually Violent Persons
2		Commitment Act relating to a person who is the subject of
3		juvenile law enforcement records or the respondent to a
4		petition brought under the Sexually Violent Persons
5		Commitment Act who is the subject of the juvenile law
6		enforcement records sought. Any records and any
7		information obtained from those records under this
8		paragraph (9) may be used only in sexually violent persons
9		commitment proceedings.
10		(10) The president of a park district. Inspection and
11		copying shall be limited to law enforcement records
12		transmitted to the president of the park district by the
13		Illinois State Police under Section 8-23 of the Park
14		District Code or Section 16a-5 of the Chicago Park District
15		Act concerning a person who is seeking employment with that
16		park district and who has been adjudicated a juvenile
17		delinquent for any of the offenses listed in subsection (c)
18		of Section 8-23 of the Park District Code or subsection (c)
19		of Section 16a-5 of the Chicago Park District Act.
20		(B)(1) Except as provided in paragraph (2), no law
21		enforcement officer or other person or agency may knowingly
22		transmit to the Department of Corrections or the Department
23		of State Police or to the Federal Bureau of Investigation
24		any fingerprint or photograph relating to a minor who has
25		been arrested or taken into custody before his or her 18th
26		birthday, unless the court in proceedings under this Act

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1		authorizes the transmission or enters an order under
2		Section 5-805 permitting or requiring the institution of
3		criminal proceedings.
4		(2) Law enforcement officers or other persons or
5		agencies shall transmit to the Department of State Police
6		copies of fingerprints and descriptions of all minors who
7		have been arrested or taken into custody before their 18th
8		birthday for the offense of unlawful use of weapons under
9		Article 24 of the Criminal Code of 1961 or the Criminal
10		Code of 2012, a Class X or Class 1 felony, a forcible
11		felony as defined in Section 2-8 of the Criminal Code of
12		1961 or the Criminal Code of 2012, or a Class 2 or greater
13		felony under the Cannabis Control Act, the Illinois
14		Controlled Substances Act, the Methamphetamine Control and
15		Community Protection Act, or Chapter 4 of the Illinois
16		Vehicle Code, pursuant to Section 5 of the Criminal
17		Identification Act. Information reported to the Department
18		pursuant to this Section may be maintained with records
19		that the Department files pursuant to Section 2.1 of the
20		Criminal Identification Act. Nothing in this Act prohibits
21		a law enforcement agency from fingerprinting a minor taken
22		into custody or arrested before his or her 18th birthday
23		for an offense other than those listed in this paragraph
24		(2).
25		(C) The records of law enforcement officers, or of an
26		independent agency created by ordinance and charged by a unit

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

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1		minor's interest in confidentiality and rehabilitation
2		over the moving party's interest in obtaining the
3		information. Any records obtained in violation of this
4		subsection (C) shall not be admissible in any criminal or
5		civil proceeding, or operate to disqualify a minor from
6		subsequently holding public office or securing employment,
7		or operate as a forfeiture of any public benefit, right,
8		privilege, or right to receive any license granted by
9		public authority.
10		(D) Nothing contained in subsection (C) of this Section
11		shall prohibit the inspection or disclosure to victims and
12		witnesses of photographs contained in the records of law
13		enforcement agencies when the inspection and disclosure is
14		conducted in the presence of a law enforcement officer for the
15		purpose of the identification or apprehension of any person
16		subject to the provisions of this Act or for the investigation
17		or prosecution of any crime.
18		(E) Law enforcement officers, and personnel of an
19		independent agency created by ordinance and charged by a unit
20		of local government with the duty of investigating the conduct
21		of law enforcement officers, may not disclose the identity of
22		any minor in releasing information to the general public as to
23		the arrest, investigation or disposition of any case involving
24		a minor.
25		(F) Nothing contained in this Section shall prohibit law
26		enforcement agencies from communicating with each other by

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1		letter, memorandum, teletype or intelligence alert bulletin or
2		other means the identity or other relevant information
3		pertaining to a person under 18 years of age if there are
4		reasonable grounds to believe that the person poses a real and
5		present danger to the safety of the public or law enforcement
6		officers. The information provided under this subsection (F)
7		shall remain confidential and shall not be publicly disclosed,
8		except as otherwise allowed by law.
9		(G) Nothing in this Section shall prohibit the right of a
10		Civil Service Commission or appointing authority of any state,
11		county or municipality examining the character and fitness of
12		an applicant for employment with a law enforcement agency,
13		correctional institution, or fire department from obtaining
14		and examining the records of any law enforcement agency
15		relating to any record of the applicant having been arrested or
16		taken into custody before the applicant's 18th birthday.
17		(H) The changes made to this Section by Public Act 98-61
18		apply to law enforcement records of a minor who has been
19		arrested or taken into custody on or after January 1, 2014 (the
20		effective date of Public Act 98-61).
21		(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
22		97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
23		1-1-14; 98-756, eff. 7-16-14.)
24		(705 ILCS 405/5-905)
25		Sec. 5-905. Law enforcement records.

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1		(1) Law Enforcement Records. Inspection and copying of law
2		enforcement records maintained by law enforcement agencies
3		that relate to a minor who has been investigated, arrested, or
4		taken into custody before his or her 18th birthday shall be
5		restricted to the following and when necessary for the
6		discharge of their official duties:
7		(a) A judge of the circuit court and members of the
8		staff of the court designated by the judge;
9		(b) Law enforcement officers, probation officers or
10		prosecutors or their staff, or, when necessary for the
11		discharge of its official duties in connection with a
12		particular investigation of the conduct of a law
13		enforcement officer, an independent agency or its staff
14		created by ordinance and charged by a unit of local
15		government with the duty of investigating the conduct of
16		law enforcement officers;
17		(c) The minor, the minor's parents or legal guardian
18		and their attorneys, but only when the juvenile has been
19		charged with an offense;
20		(d) Adult and Juvenile Prisoner Review Boards;
21		(e) Authorized military personnel;
22		(f) Persons engaged in bona fide research, with the
23		permission of the judge of juvenile court and the chief
24		executive of the agency that prepared the particular
25		recording: provided that publication of such research
26		results in no disclosure of a minor's identity and protects

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1		the confidentiality of the record;
2		(g) Individuals responsible for supervising or
3		providing temporary or permanent care and custody of minors
4		pursuant to orders of the juvenile court or directives from
5		officials of the Department of Children and Family Services
6		or the Department of Human Services who certify in writing
7		that the information will not be disclosed to any other
8		party except as provided under law or order of court;
9		(h) The appropriate school official only if the agency
10		or officer believes that there is an imminent threat of
11		physical harm to students, school personnel, or others who
12		are present in the school or on school grounds.
13		(A) Inspection and copying shall be limited to law
14		enforcement records transmitted to the appropriate
15		school official or officials whom the school has
16		determined to have a legitimate educational or safety
17		interest by a local law enforcement agency under a
18		reciprocal reporting system established and maintained
19		between the school district and the local law
20		enforcement agency under Section 10-20.14 of the
21		School Code concerning a minor enrolled in a school
22		within the school district who has been arrested or
23		taken into custody for any of the following offenses:
24		(i) any violation of Article 24 of the Criminal
25		Code of 1961 or the Criminal Code of 2012;
26		(ii) a violation of the Illinois Controlled

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1		Substances Act;
2		(iii) a violation of the Cannabis Control Act;
3		(iv) a forcible felony as defined in Section
4		2-8 of the Criminal Code of 1961 or the Criminal
5		Code of 2012;
6		(v) a violation of the Methamphetamine Control
7		and Community Protection Act;
8		(vi) a violation of Section 1-2 of the
9		Harassing and Obscene Communications Act;
10		(vii) a violation of the Hazing Act; or
11		(viii) a violation of Section 12-1, 12-2,
12		12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
13		12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
14		Criminal Code of 1961 or the Criminal Code of 2012.
15		The information derived from the law enforcement
16		records shall be kept separate from and shall not
17		become a part of the official school record of that
18		child and shall not be a public record. The information
19		shall be used solely by the appropriate school official
20		or officials whom the school has determined to have a
21		legitimate educational or safety interest to aid in the
22		proper rehabilitation of the child and to protect the
23		safety of students and employees in the school. If the
24		designated law enforcement and school officials deem
25		it to be in the best interest of the minor, the student
26		may be referred to in-school or community based social

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1		services if those services are available.
2		"Rehabilitation services" may include interventions by
3		school support personnel, evaluation for eligibility
4		for special education, referrals to community-based
5		agencies such as youth services, behavioral healthcare
6		service providers, drug and alcohol prevention or
7		treatment programs, and other interventions as deemed
8		appropriate for the student.
9		(B) Any information provided to appropriate school
10		officials whom the school has determined to have a
11		legitimate educational or safety interest by local law
12		enforcement officials about a minor who is the subject
13		of a current police investigation that is directly
14		related to school safety shall consist of oral
15		information only, and not written law enforcement
16		records, and shall be used solely by the appropriate
17		school official or officials to protect the safety of
18		students and employees in the school and aid in the
19		proper rehabilitation of the child. The information
20		derived orally from the local law enforcement
21		officials shall be kept separate from and shall not
22		become a part of the official school record of the
23		child and shall not be a public record. This limitation
24		on the use of information about a minor who is the
25		subject of a current police investigation shall in no
26		way limit the use of this information by prosecutors in

HB3895 Enrolled - 35 - LRB099 10007 HEP 30227 b
1		pursuing criminal charges arising out of the
2		information disclosed during a police investigation of
3		the minor. For purposes of this paragraph,
4		"investigation" means an official systematic inquiry
5		by a law enforcement agency into actual or suspected
6		criminal activity;
7		(i) The president of a park district. Inspection and
8		copying shall be limited to law enforcement records
9		transmitted to the president of the park district by the
10		Illinois State Police under Section 8-23 of the Park
11		District Code or Section 16a-5 of the Chicago Park District
12		Act concerning a person who is seeking employment with that
13		park district and who has been adjudicated a juvenile
14		delinquent for any of the offenses listed in subsection (c)
15		of Section 8-23 of the Park District Code or subsection (c)
16		of Section 16a-5 of the Chicago Park District Act.
17		(2) Information identifying victims and alleged victims of
18		sex offenses, shall not be disclosed or open to public
19		inspection under any circumstances. Nothing in this Section
20		shall prohibit the victim or alleged victim of any sex offense
21		from voluntarily disclosing his or her identity.
22		(2.5) If the minor is a victim of aggravated battery,
23		battery, attempted first degree murder, or other non-sexual
24		violent offense, the identity of the victim may be disclosed to
25		appropriate school officials, for the purpose of preventing
26		foreseeable future violence involving minors, by a local law

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1		enforcement agency pursuant to an agreement established
2		between the school district and a local law enforcement agency
3		subject to the approval by the presiding judge of the juvenile
4		court.
5		(3) Relevant information, reports and records shall be made
6		available to the Department of Juvenile Justice when a juvenile
7		offender has been placed in the custody of the Department of
8		Juvenile Justice.
9		(4) Nothing in this Section shall prohibit the inspection
10		or disclosure to victims and witnesses of photographs contained
11		in the records of law enforcement agencies when the inspection
12		or disclosure is conducted in the presence of a law enforcement
13		officer for purposes of identification or apprehension of any
14		person in the course of any criminal investigation or
15		prosecution.
16		(5) The records of law enforcement officers, or of an
17		independent agency created by ordinance and charged by a unit
18		of local government with the duty of investigating the conduct
19		of law enforcement officers, concerning all minors under 18
20		years of age must be maintained separate from the records of
21		adults and may not be open to public inspection or their
22		contents disclosed to the public except by order of the court
23		or when the institution of criminal proceedings has been
24		permitted under Section 5-130 or 5-805 or required under
25		Section 5-130 or 5-805 or such a person has been convicted of a
26		crime and is the subject of pre-sentence investigation or when

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1		provided by law.
2		(6) Except as otherwise provided in this subsection (6),
3		law enforcement officers, and personnel of an independent
4		agency created by ordinance and charged by a unit of local
5		government with the duty of investigating the conduct of law
6		enforcement officers, may not disclose the identity of any
7		minor in releasing information to the general public as to the
8		arrest, investigation or disposition of any case involving a
9		minor. Any victim or parent or legal guardian of a victim may
10		petition the court to disclose the name and address of the
11		minor and the minor's parents or legal guardian, or both. Upon
12		a finding by clear and convincing evidence that the disclosure
13		is either necessary for the victim to pursue a civil remedy
14		against the minor or the minor's parents or legal guardian, or
15		both, or to protect the victim's person or property from the
16		minor, then the court may order the disclosure of the
17		information to the victim or to the parent or legal guardian of
18		the victim only for the purpose of the victim pursuing a civil
19		remedy against the minor or the minor's parents or legal
20		guardian, or both, or to protect the victim's person or
21		property from the minor.
22		(7) Nothing contained in this Section shall prohibit law
23		enforcement agencies when acting in their official capacity
24		from communicating with each other by letter, memorandum,
25		teletype or intelligence alert bulletin or other means the
26		identity or other relevant information pertaining to a person

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1		under 18 years of age. The information provided under this
2		subsection (7) shall remain confidential and shall not be
3		publicly disclosed, except as otherwise allowed by law.
4		(8) No person shall disclose information under this Section
5		except when acting in his or her official capacity and as
6		provided by law or order of court.
7		(9) The changes made to this Section by Public Act 98-61
8		apply to law enforcement records of a minor who has been
9		arrested or taken into custody on or after January 1, 2014 (the
10		effective date of Public Act 98-61).
11		(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
12		97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff.
13		7-16-14.)
14		Section 99. Effective date. This Act takes effect upon
15		becoming law.