UNIT I - GENERAL PROVISIONS

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

Law enforcement officers, other persons, or other 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 18th birthday for the following offenses:

Unlawful use of weapons under Article 24 of the Criminal Code of 1961

Class X or Class I felonies

A forcible felony as defined in Section 2-8 of the Criminal Code of 1961

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

Article 5, Part 3 of the Juvenile Court Act requires law enforcement officers to transmit arrest records to the Department of State Police for all minors who have been arrested for an offense that would be considered a felony if committed by an adult. They may be transmitted to Department of State Police for offenses that would be considered misdemeanors if committed by an adult at the discretion of the arresting agency. Those provisions can also be found in the Criminal Identification Act, which is Chapter 20 of the ILCS, section 2630.0/5. Fingerprints may not be transmitted for any minor under the age of 10.

Also, fingerprints shall be transmitted for any violations of Chapter 4 of the Illinois Vehicle Code and for classified traffic offenses such as Aggravated fleeing and Eluding (11-204.1) and Driving Under the Influence (11-501) as stated in 20ILCS 2630 Illinois Criminal Identification Act.

Please note that, though nothing in the Act prohibits a law enforcement agency from fingerprinting a minor taken into custody or arrested before his/her 18th birthday for an offense other than those listed, transmission of those fingerprints may not be allowed by law. For example, fingerprints taken by a law enforcement agency from a minor who was taken into custody for curfew, a village ordinance violation, would not be transmittable to the Illinois State Police Bureau of Identification.