SB 104 — JUV CT-RECORDS-DISCLOSURE

SB0104 EngrossedEnrolled LRB096 04166 RLC 14457 b AN ACT concerning juveniles.

(1) Any local, State or federal law enforcement officers 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 SB0104 EngrossedEnrolled - 2 - LRB096 04166 RLC 14457 b government with the duty of investigating the conduct of law enforcement officers.

SB0104 EngrossedEnrolled - 3 - LRB096 04166 RLC 14457 b (5) Authorized military personnel.

or SB0104 EngrossedEnrolled - 4 - LRB096 04166 RLC 14457 b (v) a violation of the Methamphetamine Control and Community Protection Act.

(2) Law enforcement officers or other persons or SB0104 EngrossedEnrolled - 5 - LRB096 04166 RLC 14457 b agencies shall transmit to the Department of State Police copies of fingerprints and descriptions of all minors who have been arrested or taken into custody before their 17th birthday for the offense of unlawful use of weapons under Article 24 of the Criminal Code of 1961, a Class X or Class 1 felony, a forcible felony as defined in Section 2-8 of the Criminal Code of 1961, 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.

(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 17 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 except by order of the court presiding over matters pursuant to this Act or when the SB0104 EngrossedEnrolled - 6 - LRB096 04166 RLC 14457 b institution of criminal proceedings has been permitted or required under Section 5-805 or such a person has been convicted of a crime and is the subject of pre-sentence investigation or proceedings on an application for probation or when provided by law.

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, SB0104 EngrossedEnrolled - 7 - LRB096 04166 RLC 14457 b or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority.

The information provided under this subsection (F) SB0104 EngrossedEnrolled - 8 - LRB096 04166 RLC 14457 b shall remain confidential and shall not be publicly disclosed, except as otherwise allowed by law.

(b) Law enforcement officers, probation officers or prosecutors or their staff , or, when necessary for the discharge of its official duties in connection with a particular investigation of the conduct of a law SB0104 EngrossedEnrolled - 9 - LRB096 04166 RLC 14457 b 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;

Inspection and copying shall be limited to law enforcement records transmitted to the appropriate school official by a local law enforcement agency under a reciprocal reporting system SB0104 EngrossedEnrolled - 10 - LRB096 04166 RLC 14457 b 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 for any offense classified as a felony or a Class A or B misdemeanor.

(5) 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 17 SB0104 EngrossedEnrolled - 11 - LRB096 04166 RLC 14457 b years of age must be maintained separate from the records of adults and may not be open to public inspection or their contents disclosed to the public except by order of the court or when the institution of criminal proceedings has been permitted under Section 5-130 or 5-805 or required under Section 5-130 or 5-805 or such a person has been convicted of a crime and is the subject of pre-sentence investigation or when provided by law.

Upon a finding by clear and convincing evidence that the disclosure is either necessary for the victim to pursue a civil remedy against the minor or the minor's parents or legal guardian, or both, or to protect the victim's person or property from the minor, then the court may order the disclosure of the information to the victim or to the parent or legal guardian of the victim only for the purpose of the victim pursuing a civil remedy against the minor or the minor's parents or legal SB0104 EngrossedEnrolled - 12 - LRB096 04166 RLC 14457 b guardian, or both, or to protect the victim's person or property from the minor.