Friends of OLA - Our Lady of the Angels School Fire Chicago December 1, 1958

HOUSE JUDICIARY II COMMITTEE
A hearing is coming up on this bill Thursday, March 4th at 8:00 a.m. All numbers are (217) area code. Please call and leave a message that you support HB 4426 or Rep. McAuliffe. The arsonist registration bill.

Rep. Willie Delgado D-Chicago -CHAIRMAN
782-1903

Rep. Patricia Bailey D-Chicago
782-5971

Rep. Rich Bradley D-Chicago
782-8117

Rep. Annazette Collins D-Chicago
782-8077

Rep. Careen Gordon D-Coal City
782-4535

Rep. Connie Howard D-Chicago
782-6476

Rep. Lou Jones D-Chicago
782-2023

Rep. Patricia Lindner R-Aurora
782-1486

Rep. Eileen Lyons R-Western Springs
782-0494

John Millner R-Carol Stream
558-1037

Chapin Rose (R-Mahomet)
558-1006

Jim Sacia (R-Freeport)
782-8186

Ron Wait (R-Belvidere)
782-0548

93RD GENERAL ASSEMBLY State of Illinois 2003 and 2004
HB4426

Introduced 02/03/04, by Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

`New Act`
`20 ILCS 2605/2605-375`	`was 20 ILCS 2605/55a in part`
`30 ILCS 105/5.625 new`
`705 ILCS 405/1-7`	`from Ch. 37, par. 801-7`
`705 ILCS 405/1-8`	`from Ch. 37, par. 801-8`
`705 ILCS 405/5-901`
`705 ILCS 405/5-905`

Creates the Arsonist Registration Act. Requires a person who has committed arson, aggravated arson, residential arson, place of worship arson, or possession of explosives or explosive or incendiary devices to register with the Department of State Police for a 10-year period. Establishes procedures for registration and penalties for violation. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Requires the Department of State Police to enter arsonist registration information into the Law Enforcement Agencies Data System (LEADS). Amends the State Finance Act. Creates the Arsonist Registration Fund in the State treasury. Amends the Juvenile Court Act of 1987. Provides

that law enforcement
records and juvenile court records of a minor may be

disclosed to a fire or
arson
investigator of the Office of the State Fire

Marshal or of a local fire
department or fire
protection district or to a

person classified as a peace officer under the
Peace Officer Fire

Investigation Act during the investigation or prosecution of an arson.

LRB093 16718 RLC 42369 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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LRB093 16718 RLC 42369 b

1 AN ACT in relation to arson.

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

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Arsonist Registration Act.

6 Section 5. Definitions. In this Act:

7 (a) "Arsonist" means any person who is:

8 (1) charged under Illinois law, or any substantially

9 similar federal, Uniform Code of Military Justice, sister

10 state, or foreign country law, with an arson offense, set

11 forth in subsection (b) of this Section or the attempt to

12 commit an included arson offense, and:

13 (i) is convicted of such offense or an attempt to

14 commit such offense; or

15 (ii) is found not guilty by reason of insanity of

16 such offense or an attempt to commit such offense; or

17 (iii) is found not guilty by reason of insanity

18 under subsection (c) of Section 104-25 of the Code of

19 Criminal Procedure of 1963 of such offense or an

20 attempt to commit such offense; or

21 (iv) is the subject of a finding not resulting in

22 an acquittal at a hearing conducted under subsection

23 (a) of Section 104-25 of the Code of Criminal Procedure

24 of 1963 for the alleged commission or attempted

25 commission of such offense; or

26 (v) is found not guilty by reason of insanity

27 following a hearing conducted under a federal, Uniform

28 Code of Military Justice, sister state, or foreign

29 country law substantially similar to subsection (c) of

30 Section 104-25 of the Code of Criminal Procedure of

31 1963 of such offense or of the attempted commission of

32 such offense; or

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1 (vi) is the subject of a finding not resulting in

2 an acquittal at a hearing conducted under a federal,

3 Uniform Code of Military Justice, sister state, or

4 foreign country law substantially similar to

5 subsection (a) of Section 104-25 of the Code of

6 Criminal Procedure of 1963 for the alleged violation or

7 attempted commission of such offense;

8 (2) adjudicated a juvenile delinquent as the result of

9 committing or attempting to commit an act which, if

10 committed by an adult, would constitute any of the offenses

11 specified in subsection (b) of this Section or a violation

12 of any substantially similar federal, Uniform Code of

13 Military Justice, sister state, or foreign country law, or

14 found guilty under Act V of the Juvenile Court Act of 1987

15 of committing or attempting to commit an act which, if

16 committed by an adult, would constitute any of the offenses

17 specified in subsection (b) of this Section or a violation

18 of any substantially similar federal, Uniform Code of

19 Military Justice, sister state, or foreign country law.

20 Convictions that result from or are connected with the same

21 act, or result from offenses committed at the same time,

22 shall be counted for the purpose of this Act as one

23 conviction. Any conviction set aside under law is not a

24 conviction for purposes of this Act. For purposes of this

25 Section, "convicted" shall have the same meaning as

26 "adjudicated".

27 (b) "Arson offense" means:

28 (1) A violation of any of the following Sections of the

29 Criminal Code of 1961:

30 (i) 20-1 (arson),

31 (ii) 20-1.1 (aggravated arson),

32 (iii) 20-1.2 (residential arson),

33 (iv) 20-1.3 (place of worship arson),

34 (v) 20-2 (possession of explosives or explosive or

35 incendiary devices), or

36 (vi) An attempt to commit any of the offenses

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1 listed in clauses (i) through (v).

2 (2) A violation of any former law of this State

3 substantially equivalent to any offense listed in

4 subsection (b) of this Section.

5 (c) A conviction for an offense of federal law, Uniform

6 Code of Military Justice, or the law of another state or a

7 foreign country that is substantially equivalent to any offense

8 listed in subsections (b) of this Section shall constitute a

9 conviction for the purpose of this Act.

10 (d) "Law enforcement agency having jurisdiction" means the

11 Chief of Police in each of the municipalities in which the

12 arsonist expects to reside, work, or attend school (1) upon his

13 or her discharge, parole or release or (2) during the service

14 of his or her sentence of probation or conditional discharge,

15 or the Sheriff of the county, in the event no Police Chief

16 exists or if the offender intends to reside, work, or attend

17 school in an unincorporated area. "Law enforcement agency

18 having jurisdiction" includes the location where out-of-state

19 students attend school and where out-of-state employees are

20 employed or are otherwise required to register.

21 (e) "Out-of-state student" means any arsonist, as defined

22 in this Section, who is enrolled in Illinois, on a full-time or

23 part-time basis, in any public or private educational

24 institution, including, but not limited to, any secondary

25 school, trade or professional institution, or institution of

26 higher learning.

27 (f) "Out-of-state employee" means any arsonist, as defined

28 in this Section, who works in Illinois, regardless of whether

29 the individual receives payment for services performed, for a

30 period of time of 10 or more days or for an aggregate period of

31 time of 30 or more days during any calendar year. Persons who

32 operate motor vehicles in the State accrue one day of

33 employment time for any portion of a day spent in Illinois.

34 Section 10. Duty to register.

35 (a) An arsonist shall, within the time period prescribed in

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1 subsections (b) and (c), register in person and provide

2 accurate information as required by the Department of State

3 Police. Such information shall include current address,

4 current place of employment, and school attended. The arsonist

5 shall register:

6 (1) with the chief of police in each of the

7 municipalities in which he or she attends school, is

8 employed, resides or is temporarily domiciled for a period

9 of time of 10 or more days, unless the municipality is the

10 City of Chicago, in which case he or she shall register at

11 the Chicago Police Department Headquarters; or

12 (2) with the sheriff in each of the counties in which

13 he or she attends school, is employed, resides or is

14 temporarily domiciled in an unincorporated area or, if

15 incorporated, no police chief exists. For purposes of this

16 Act, the place of residence or temporary domicile is

17 defined as any and all places where the arsonist resides

18 for an aggregate period of time of 10 or more days during

19 any calendar year. The arsonist shall provide accurate

20 information as required by the Department of State Police.

21 That information shall include the arsonist's current

22 place of employment.

23 (a-5) An out-of-state student or out-of-state employee

24 shall, within 10 days after beginning school or employment in

25 this State, register in person and provide accurate information

26 as required by the Department of State Police. Such information

27 must include current place of employment, school attended, and

28 address in state of residence:

29 (1) with the chief of police in each of the

30 municipalities in which he or she attends school or is

31 employed for a period of time of 10 or more days or for an

32 aggregate period of time of more than 30 days during any

33 calendar year, unless the municipality is the City of

34 Chicago, in which case he or she shall register at the

35 Chicago Police Department Headquarters; or

36 (2) with the sheriff in each of the counties in which

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1 he or she attends school or is employed for a period of

2 time of 10 or more days or for an aggregate period of time

3 of more than 30 days during any calendar year in an

4 unincorporated area or, if incorporated, no police chief

5 exists. The out-of-state student or out-of-state employee

6 shall provide accurate information as required by the

7 Department of State Police. That information shall include

8 the out-of-state student's current place of school

9 attendance or the out-of-state employee's current place of

10 employment.

11 (b) An arsonist as defined in Section 5 of this Act,

12 regardless of any initial, prior, or other registration, shall,

13 within 10 days of beginning school, or establishing a

14 residence, place of employment, or temporary domicile in any

15 county, register in person as set forth in subsection (a) or

16 (a-5).

17 (c) The registration for any person required to register

18 under this Act shall be as follows:

19 (1) Except as provided in paragraph (3) of this

20 subsection (c), any person who has not been notified of his

21 or her responsibility to register shall be notified by a

22 criminal justice entity of his or her responsibility to

23 register. Upon notification the person must then register

24 within 10 days of notification of his or her requirement to

25 register. If notification is not made within the offender's

26 10 year registration requirement, and the Department of

27 State Police determines no evidence exists or indicates the

28 offender attempted to avoid registration, the offender

29 will no longer be required to register under this Act.

30 (2) Except as provided in paragraph (3) of this

31 subsection (c), any person convicted on or after the

32 effective date of this Act shall register in person within

33 10 days after the entry of the sentencing order based upon

34 his or her conviction.

35 (3) Any person unable to comply with the registration

36 requirements of this Act because he or she is confined,

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1 institutionalized, or imprisoned in Illinois on or after

2 the effective date of this Act shall register in person

3 within 10 days of discharge, parole or release.

4 (4) The person shall provide positive identification

5 and documentation that substantiates proof of residence at

6 the registering address.

7 (5) The person shall pay a $10 initial registration fee

8 and a $5 annual renewal fee. The fees shall be used by the

9 registering agency for official purposes. The agency shall

10 establish procedures to document receipt and use of the

11 funds. The law enforcement agency having jurisdiction may

12 waive the registration fee if it determines that the person

13 is indigent and unable to pay the registration fee.

14 (d) Within 10 days after obtaining or changing employment,

15 a person required to register under this Section must report,

16 in person or in writing to the law enforcement agency having

17 jurisdiction, the business name and address where he or she is

18 employed. If the person has multiple businesses or work

19 locations, every business and work location must be reported to

20 the law enforcement agency having jurisdiction.

21 Section 15. Discharge of arsonist from penal institution.

22 Any arsonist who is discharged, paroled or released from a

23 Department of Corrections facility, a facility where such

24 person was placed by the Department of Corrections or another

25 penal institution, and whose liability for registration has not

26 terminated under Section 45 shall, prior to discharge, parole

27 or release from the facility or institution, be informed of his

28 or her duty to register in person within 10 days under this Act

29 by the facility or institution in which he or she was confined.

30 The facility or institution shall also inform any person who

31 must register that if he or she establishes a residence outside

32 of the State of Illinois, is employed outside of the State of

33 Illinois, or attends school outside of the State of Illinois,

34 he or she must register in the new state within 10 days after

35 establishing the residence, beginning employment, or beginning

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1 school. The facility shall require the person to read and sign

2 such form as may be required by the Department of State Police

3 stating that the duty to register and the procedure for

4 registration has been explained to him or her and that he or

5 she understands the duty to register and the procedure for

6 registration. The facility shall further advise the person in

7 writing that the failure to register or other violation of this

8 Act shall result in revocation of parole, mandatory supervised

9 release or conditional release. The facility shall obtain

10 information about where the person expects to reside, work, and

11 attend school upon his or her discharge, parole or release and

12 shall report the information to the Department of State Police.

13 The facility shall give one copy of the form to the person and

14 shall send one copy to each of the law enforcement agencies

15 having jurisdiction where the person expects to reside, work,

16 and attend school upon his or her discharge, parole or release

17 and retain one copy for the files. Electronic data files that

18 includes all notification form information and photographs of

19 arsonists being released from an Illinois Department of

20 Corrections facility shall be shared on a regular basis as

21 determined between the Department of State Police and the

22 Department of Corrections.

23 Section 20. Release of arsonist on probation. An arsonist

24 who is released on probation shall, prior to such release, be

25 informed of his or her duty to register under this Act by the

26 court in which he or she was convicted. The court shall also

27 inform any person who must register that if he or she

28 establishes a residence outside of the State of Illinois, is

29 employed outside of the State of Illinois, or attends school

30 outside of the State of Illinois, he or she must register in

31 the new state within 10 days after establishing the residence,

32 beginning employment, or beginning school. The court shall

33 require the person to read and sign such form as may be

34 required by the Department of State Police stating that the

35 duty to register and the procedure for registration has been

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1 explained to him or her and that he or she understands the duty

2 to register and the procedure for registration. The court shall

3 further advise the person in writing that the failure to

4 register or other violation of this Act shall result in

5 probation revocation. The court shall obtain information about

6 where the person expects to reside, work, and attend school

7 upon his or her release, and shall report the information to

8 the Department of State Police. The court shall give one copy

9 of the form to the person and retain the original in the court

10 records. The Department of State Police shall notify the law

11 enforcement agencies having jurisdiction where the person

12 expects to reside, work and attend school upon his or her

13 release.

14 Section 25. Discharge of arsonist from hospital or other

15 treatment facility. Any arsonist who is discharged or released

16 from a hospital or other treatment facility where he or she was

17 confined shall be informed by the hospital or treatment

18 facility in which he or she was confined, prior to discharge or

19 release from the hospital or treatment facility, of his or her

20 duty to register under this Act. The facility shall require the

21 person to read and sign such form as may be required by the

22 Department of State Police stating that the duty to register

23 and the procedure for registration has been explained to him or

24 her and that he or she understands the duty to register and the

25 procedure for registration. The facility shall give one copy of

26 the form to the person, retain one copy for its records, and

27 forward the original to the Department of State Police. The

28 facility shall obtain information about where the person

29 expects to reside, work, and attend school upon his or her

30 discharge, parole, or release and shall report the information

31 to the Department of State Police within 3 days. The facility

32 or institution shall also inform any person who must register

33 that if he or she establishes a residence outside of the State

34 of Illinois, is employed outside of the State of Illinois, or

35 attends school outside of the State of Illinois, he or she must

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1 register in the new state within 10 days after establishing the

2 residence, beginning school, or beginning employment. The

3 Department of State Police shall notify the law enforcement

4 agencies having jurisdiction where the person expects to

5 reside, work, and attend school upon his or her release.

6 Section 30. Nonforwardable verification letter. The

7 Department of State Police shall mail an annual nonforwardable

8 verification letter to a person registered under this Act

9 beginning one year from the date of his or her last

10 registration. A person required to register under this Act who

11 is mailed a verification letter shall complete, sign, and

12 return the enclosed verification form to the Department of

13 State Police postmarked within 10 days after the mailing date

14 of the letter. A person's failure to return the verification

15 form to the Department of State Police within 10 days after the

16 mailing date of the letter shall be considered a violation of

17 this Act.

18 Section 35. Duty to report change of address, school, or

19 employment. Any person who is required to register under this

20 Act shall report in person to the appropriate law enforcement

21 agency with whom he or she last registered within one year from

22 the date of last registration and every year thereafter. If any

23 person required to register under this Act changes his or her

24 residence address, place of employment, or school, he or she

25 shall, in writing, within 10 days inform the law enforcement

26 agency with whom he or she last registered of his or her new

27 address, change in employment, or school and register with the

28 appropriate law enforcement agency within the time period

29 specified in Section 10. The law enforcement agency shall,

30 within 3 days of receipt, notify the Department of State Police

31 and the law enforcement agency having jurisdiction of the new

32 place of residence, change in employment, or school. If any

33 person required to register under this Act establishes a

34 residence or employment outside of the State of Illinois,

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1 within 10 days after establishing that residence or employment,

2 he or she shall, in writing, inform the law enforcement agency

3 with which he or she last registered of his or her out-of-state

4 residence or employment. The law enforcement agency with which

5 such person last registered shall, within 3 days notice of an

6 address or employment change, notify the Department of State

7 Police. The Department of State Police shall forward such

8 information to the out-of-state law enforcement agency having

9 jurisdiction in the form and manner prescribed by the

10 Department of State Police.

11 Section 40. Out-of-State employee or student. Every

12 out-of-state student or out-of-state employee must notify the

13 agency having jurisdiction of any change of employment or

14 change of educational status, in writing, within 10 days of the

15 change. The law enforcement agency shall, within 3 days after

16 receiving the notice, enter the appropriate changes into LEADS.

17 Section 45. Duration of registration. Any person who is

18 required to register under this Act shall be required to

19 register for a period of 10 years after conviction or

20 adjudication if not confined to a penal institution, hospital

21 or any other institution or facility, and if confined, for a

22 period of 10 years after parole, discharge or release from any

23 such facility. An arsonist who is allowed to leave a county,

24 State, or federal facility for the purposes of work release,

25 education, or overnight visitations shall be required to

26 register within 10 days of beginning such a program. Liability

27 for registration terminates at the expiration of 10 years from

28 the date of conviction or adjudication if not confined to a

29 penal institution, hospital or any other institution or

30 facility and if confined, at the expiration of 10 years from

31 the date of parole, discharge or release from any such

32 facility, providing such person does not, during that period,

33 again become liable to register under the provisions of this

34 Act. The Director of State Police, consistent with

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1 administrative rules, shall extend for 10 years the

2 registration period of any arsonist who fails to comply with

3 the provisions of this Act.

4 Section 50. Registration requirements. Registration as

5 required by this Act shall consist of a statement in writing

6 signed by the person giving the information that is required by

7 the Department of State Police, which may include the

8 fingerprints and must include a photograph of the person. The

9 registration information must include whether the person is an

10 arsonist. Within 3 days, the registering law enforcement agency

11 shall forward any required information to the Department of

12 State Police. The registering law enforcement agency shall

13 enter the information into the Law Enforcement Agencies Data

14 System (LEADS) as provided in Section 2605-375 of the

15 Department of State Police Law of the Civil Administrative Code

16 of Illinois.

17 Section 55. Address verification requirements. The agency

18 having jurisdiction shall verify the address of arsonists

19 required to register with their agency at least once per

20 calendar year. The verification must be documented in LEADS in

21 the form and manner required by the Department of State Police.

22 Section 60. Public inspection of registration data. The

23 statements or any other information required by this Act shall

24 not be open to inspection by the public, or by any person other

25 than by a law enforcement officer or other individual as may be

26 authorized by law and shall include law enforcement agencies of

27 this State, any other state, or of the federal government.

28 Similar information may be requested from any law enforcement

29 agency of another state or of the federal government for

30 purposes of this Act. It is a Class B misdemeanor to permit the

31 unauthorized release of any information required by this Act.

32 Section 65. Penalty. Any person who is required to register

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1 under this Act who violates any of the provisions of this Act

2 and any person who is required to register under this Act who

3 seeks to change his or her name under Article 21 of the Code of

4 Civil Procedure is guilty of a Class 4 felony. Any person who

5 is required to register under this Act who knowingly or

6 wilfully gives material information required by this Act that

7 is false is guilty of a Class 3 felony. Any person convicted of

8 a violation of any provision of this Act shall, in addition to

9 any other penalty required by law, be required to serve a

10 minimum period of 7 days confinement in the local county jail.

11 The court shall impose a mandatory minimum fine of $500 for

12 failure to comply with any provision of this Act. These fines

13 shall be deposited in the Arsonist Registration Fund. An

14 arsonist who violates any provision of this Act may be tried in

15 any Illinois county where the arsonist can be located.

16 Section 70. Arsonist Registration Fund. There is created in

17 the State treasury the Arsonist Registration Fund. Moneys in

18 the Fund shall be used to cover costs incurred by the criminal

19 justice system to administer this Act. The Department of State

20 Police shall establish and promulgate rules and procedures

21 regarding the administration of this Fund. At least 50% of the

22 moneys in the Fund shall be allocated by the Department for

23 sheriffs' offices and police departments.

24 Section 75. Access to State of Illinois databases. The

25 Department of State Police shall have access to State of

26 Illinois databases containing information that may help in the

27 identification or location of persons required to register

28 under this Act. Interagency agreements shall be implemented,

29 consistent with security and procedures established by the

30 State agency and consistent with the laws governing the

31 confidentiality of the information in the databases.

32 Information shall be used only for administration of this Act.

33 Section 105. The Department of State Police Law of the

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1 Civil Administrative Code of Illinois is amended by changing

2 Section 2605-375 as follows:

3 (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)

4 Sec. 2605-375. Missing persons; Law Enforcement Agencies

5 Data System (LEADS).

6 (a) To establish and maintain a statewide Law Enforcement

7 Agencies Data System (LEADS) for the purpose of providing

8 electronic access by authorized entities to criminal justice

9 data repositories and effecting an immediate law enforcement

10 response to reports of missing persons, including lost, missing

11 or runaway minors. The Department shall implement an automatic

12 data exchange system to compile, to maintain, and to make

13 available to other law enforcement agencies for immediate

14 dissemination data that can assist appropriate agencies in

15 recovering missing persons and provide access by authorized

16 entities to various data repositories available through LEADS

17 for criminal justice and related purposes. To assist the

18 Department in this effort, funds may be appropriated from the

19 LEADS Maintenance Fund.

20 (b) In exercising its duties under this Section, the

21 Department shall do the following:

22 (1) Provide a uniform reporting format for the entry of

23 pertinent information regarding the report of a missing

24 person into LEADS.

25 (2) Develop and implement a policy whereby a statewide

26 or regional alert would be used in situations relating to

27 the disappearances of individuals, based on criteria and in

28 a format established by the Department. Such a format shall

29 include, but not be limited to, the age of the missing

30 person and the suspected circumstance of the

31 disappearance.

32 (3) Notify all law enforcement agencies that reports of

33 missing persons shall be entered as soon as the minimum

34 level of data specified by the Department is available to

35 the reporting agency and that no waiting period for the

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1 entry of the data exists.

2 (4) Compile and retain information regarding lost,

3 abducted, missing, or runaway minors in a separate data

4 file, in a manner that allows that information to be used

5 by law enforcement and other agencies deemed appropriate by

6 the Director, for investigative purposes. The information

7 shall include the disposition of all reported lost,

8 abducted, missing, or runaway minor cases.

9 (5) Compile and maintain an historic data repository

10 relating to lost, abducted, missing, or runaway minors and

11 other missing persons in order to develop and improve

12 techniques utilized by law enforcement agencies when

13 responding to reports of missing persons.

14 (6) Create a quality control program regarding

15 confirmation of missing person data, timeliness of entries

16 of missing person reports into LEADS, and performance

17 audits of all entering agencies.

18 (7) Provide for the entry into LEADS of the names and

19 addresses of arsonists as defined in the Arsonist

20 Registration Act who are required to register under that

21 Act. The information shall be immediately accessible to law

22 enforcement agencies and peace officers of this State or

23 any other state or of the federal government. Similar

24 information may be requested from any other state or of the

25 federal government for the purposes of this Act.

26 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

27 eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

28 eff. 8-14-98; 91-239, eff. 1-1-00.)

29 Section 110. The State Finance Act is amended by adding

30 Section 5.625 as follows:

31 (30 ILCS 105/5.625 new)

32 Sec. 5.625. The Arsonist Registration Fund.

33 Section 115. The Juvenile court Act of 1987 is amended by

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1 changing Sections 1-7, 1-8, 5-901, and 5-905 as follows:

2 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)

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

4 (A) Inspection and copying of law enforcement records

5 maintained by law enforcement agencies that relate to a minor

6 who has been arrested or taken into custody before his or her

7 17th birthday shall be restricted to the following:

8 (1) Any local, State or federal law enforcement

9 officers of any jurisdiction or agency when necessary for

10 the discharge of their official duties during the

11 investigation or prosecution of a crime or relating to a

12 minor who has been adjudicated delinquent and there has

13 been a previous finding that the act which constitutes the

14 previous offense was committed in furtherance of criminal

15 activities by a criminal street gang. For purposes of this

16 Section, "criminal street gang" has the meaning ascribed to

17 it in Section 10 of the Illinois Streetgang Terrorism

18 Omnibus Prevention Act.

19 (1.5) A fire or arson investigator of the Office of the

20 State Fire Marshal or of a local fire department or fire

21 protection district or a person classified as a peace

22 officer under the Peace Officer Fire Investigation Act

23 during the investigation or prosecution of an arson.

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

27 individuals responsible for supervising or providing

28 temporary or permanent care and custody for minors pursuant

29 to the order of the juvenile court, when essential to

30 performing their responsibilities.

31 (3) Prosecutors and probation officers:

32 (a) in the course of a trial when institution of

33 criminal proceedings has been permitted or required

34 under Section 5-805; or

35 (b) when institution of criminal proceedings has

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1 been permitted or required under Section 5-805 and such

2 minor is the subject of a proceeding to determine the

3 amount of bail; or

4 (c) when criminal proceedings have been permitted

5 or required under Section 5-805 and such minor is the

6 subject of a pre-trial investigation, pre-sentence

7 investigation, fitness hearing, or proceedings on an

8 application for probation.

9 (4) Adult and Juvenile Prisoner Review Board.

10 (5) Authorized military personnel.

11 (6) Persons engaged in bona fide research, with the

12 permission of the Presiding Judge of the Juvenile Court and

13 the chief executive of the respective law enforcement

14 agency; provided that publication of such research results

15 in no disclosure of a minor's identity and protects the

16 confidentiality of the minor's record.

17 (7) Department of Children and Family Services child

18 protection investigators acting in their official

19 capacity.

20 (8) The appropriate school official. Inspection and

21 copying shall be limited to law enforcement records

22 transmitted to the appropriate school official by a local

23 law enforcement agency under a reciprocal reporting system

24 established and maintained between the school district and

25 the local law enforcement agency under Section 10-20.14 of

26 the School Code concerning a minor enrolled in a school

27 within the school district who has been arrested or taken

28 into custody for any of the following offenses:

29 (i) unlawful use of weapons under Section 24-1 of

30 the Criminal Code of 1961;

31 (ii) a violation of the Illinois Controlled

32 Substances Act;

33 (iii) a violation of the Cannabis Control Act; or

34 (iv) a forcible felony as defined in Section 2-8 of

35 the Criminal Code of 1961.

36 (9) Mental health professionals on behalf of the

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