UNIT I - GENERAL PROVISIONS

G. Confidentiality of Law Enforcement Records (705 ILCS 405/1-7), continued:

  1. Appropriate school officials who have a reciprocal reporting system established between their schools and the local law enforcement agency. The following applies to sharing with a school district.

    1. Inspection and copying shall be limited to law enforcement records transmitted to the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10-20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested or taken into custody for any of the following offenses:
      1. any violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012;
      2. a violation of the Illinois Controlled Substances Act;
      3. a violation of the Cannabis Control Act;
      4. a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
      5. a violation of the Methamphetamine Control and Community Protection Act;
      6. a violation of Section 1-2 of the Harassing and Obscene Communications Act;
      7. a violation of the Hazing Act; or
      8. a violation of Section 12-1 Assault, 12-2 Aggravated Assault, 12-3 Battery, 12-3.05 Aggravated Battery, 12-3.1 Battery of unborn child; Aggravated batt of unborn child, 12-3.2 Domestic Battery, 12-3.4 Viol of Oder of Protection , 12-3.5 Interference of report of Domestic Battery, 12-5 Reckless Conduct, 12-7.3 Stalking, 12-7.4 Aggravated Stalking, 12-7.5 Cyberstalking, 25-1 Mob Action, or 25-5 Unlawful contact with street gang members; of the Criminal Code of 1961 or the Criminal Code of 2012.
      The information derived from the law enforcement records shall be kept separate from and shall not become a part of the official school record of that child and shall not be a public record


    2. Any information provided to appropriate school officials whom the school has determined to have a legitimate educational or safety interest by local law enforcement officials about a minor who is the subject of a current police investigation that is directly related to school safety shall consist of oral information only, and not written law enforcement records, and shall be used solely by the appropriate school official or officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child. The information derived orally from the local law enforcement officials shall be kept separate from and shall not become a part of the official school record of the child and shall not be a public record. This limitation on the use of information about a minor who is the subject of a current police investigation shall in no way limit the use of this information by prosecutors in pursuing criminal charges arising out of the information disclosed during a police investigation of the minor. For purposes of this paragraph, "investigation" means an official systematic inquiry by a law enforcement agency into actual or suspected criminal activity.

  2. Mental health professionals on behalf of the Illinois Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act.
No law enforcement officer, other person, or agency may knowingly transmit to Department of Corrections, Adult Division, the Department of State Police, or the F.B.I. any fingerprint or photograph relating to a minor who has been arrested or taken into custody before his/her 18th birthday, unless the court authorizes such transmission in proceedings under the Illinois Juvenile Court Act. Implementation of these laws requires the use and submission of the Juvenile Arrest Reporting Form, the 'Yellow Fingerprint Card', for ink submissions or the use of 'Live-Scan' for digital transmissions.

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