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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 1-7 as follows:
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6 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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7 | Sec. 1-7. Confidentiality of juvenile law enforcement and | |||||||||||||||||||
8 | municipal ordinance violation records.
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9 | (A) All juvenile law enforcement records which have not | |||||||||||||||||||
10 | been expunged are confidential and may never be disclosed to | |||||||||||||||||||
11 | the general public or otherwise made widely available. Juvenile | |||||||||||||||||||
12 | law enforcement records may be obtained only under this Section | |||||||||||||||||||
13 | and Section 1-8 and Part 9 of Article V of this Act, when their | |||||||||||||||||||
14 | use is needed for good cause and with an order from the | |||||||||||||||||||
15 | juvenile court, as required by those not authorized to retain | |||||||||||||||||||
16 | them. Inspection, copying, and disclosure of juvenile law | |||||||||||||||||||
17 | enforcement records maintained by law
enforcement agencies or | |||||||||||||||||||
18 | records of municipal ordinance violations maintained by any | |||||||||||||||||||
19 | State, local, or municipal agency that relate to a minor who | |||||||||||||||||||
20 | has been investigated, arrested, or taken
into custody before | |||||||||||||||||||
21 | his or her 18th birthday shall be restricted to the
following:
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22 | (0.05) The minor who is the subject of the juvenile law | |||||||||||||||||||
23 | enforcement record, his or her parents, guardian, and |
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1 | counsel. | ||||||
2 | (0.10) Judges of the circuit court and members of the | ||||||
3 | staff of the court designated by the judge. | ||||||
4 | (0.15) An administrative adjudication hearing officer | ||||||
5 | or members of the staff designated to assist in the | ||||||
6 | administrative adjudication process. | ||||||
7 | (1) Any local, State, or federal law enforcement | ||||||
8 | officers or designated law enforcement staff of any
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9 | jurisdiction or agency when necessary for the discharge of | ||||||
10 | their official
duties during the investigation or | ||||||
11 | prosecution of a crime or relating to a
minor who has been | ||||||
12 | adjudicated delinquent and there has been a previous | ||||||
13 | finding
that the act which constitutes the previous offense | ||||||
14 | was committed in
furtherance of criminal activities by a | ||||||
15 | criminal street gang, or, when necessary for the discharge | ||||||
16 | of its official duties in connection with a particular | ||||||
17 | investigation of the conduct of a law enforcement officer, | ||||||
18 | an independent agency or its staff created by ordinance and | ||||||
19 | charged by a unit of local government with the duty of | ||||||
20 | investigating the conduct of law enforcement officers. For | ||||||
21 | purposes of
this Section, "criminal street gang" has the | ||||||
22 | meaning ascribed to it in
Section 10 of the Illinois | ||||||
23 | Streetgang Terrorism Omnibus Prevention Act.
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24 | (2) Prosecutors, public defenders, probation officers, | ||||||
25 | social workers, or other
individuals assigned by the court | ||||||
26 | to conduct a pre-adjudication or
pre-disposition |
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1 | investigation, and individuals responsible for supervising
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2 | or providing temporary or permanent care and custody for | ||||||
3 | minors under
the order of the juvenile court, when | ||||||
4 | essential to performing their
responsibilities.
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5 | (3) Federal, State, or local prosecutors, public | ||||||
6 | defenders, probation officers, and designated staff:
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7 | (a) in the course of a trial when institution of | ||||||
8 | criminal proceedings
has been permitted or required | ||||||
9 | under Section 5-805;
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10 | (b) when institution of criminal proceedings has | ||||||
11 | been permitted or required under Section 5-805 and the | ||||||
12 | minor is the
subject
of a proceeding to determine the | ||||||
13 | amount of bail;
| ||||||
14 | (c) when criminal proceedings have been permitted
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15 | or
required under Section 5-805 and the minor is the | ||||||
16 | subject of a
pre-trial
investigation, pre-sentence | ||||||
17 | investigation, fitness hearing, or proceedings
on an | ||||||
18 | application for probation; or
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19 | (d) in the course of prosecution or administrative | ||||||
20 | adjudication of a violation of a traffic, boating, or | ||||||
21 | fish and game law, or a county or municipal ordinance. | ||||||
22 | (4) Adult and Juvenile Prisoner Review Board.
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23 | (5) Authorized military personnel.
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24 | (5.5) Employees of the federal government authorized | ||||||
25 | by law. | ||||||
26 | (6) Persons engaged in bona fide research, with the |
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1 | permission of the
Presiding Judge and the chief executive | ||||||
2 | of the respective
law enforcement agency; provided that | ||||||
3 | publication of such research results
in no disclosure of a | ||||||
4 | minor's identity and protects the confidentiality
of the | ||||||
5 | minor's record.
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6 | (7) Department of Children and Family Services child | ||||||
7 | protection
investigators acting in their official | ||||||
8 | capacity.
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9 | (8) 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 | ||||||
14 | juvenile law enforcement records transmitted to the | ||||||
15 | appropriate
school official or officials whom the | ||||||
16 | school has determined to have a legitimate educational | ||||||
17 | or safety interest by a local law enforcement agency | ||||||
18 | under a reciprocal reporting
system established and | ||||||
19 | maintained between the school district and the local | ||||||
20 | law
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:
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24 | (i) any violation of Article 24 of the Criminal | ||||||
25 | Code of
1961 or the Criminal Code of 2012;
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26 | (ii) a violation of the Illinois Controlled |
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1 | Substances Act;
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2 | (iii) a violation of the Cannabis Control Act;
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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;
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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 juvenile law | ||||||
16 | enforcement records shall be kept separate from and | ||||||
17 | shall not become a part of the official school record | ||||||
18 | of that child and shall not be a public record. The | ||||||
19 | information shall be used solely by the appropriate | ||||||
20 | school official or officials whom the school has | ||||||
21 | determined to have a legitimate educational or safety | ||||||
22 | interest to aid in the proper rehabilitation of the | ||||||
23 | child and to protect the safety of students and | ||||||
24 | employees in the school. If the designated law | ||||||
25 | enforcement and school officials deem it to be in the | ||||||
26 | best interest of the minor, the student may be referred |
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1 | to in-school or community-based social services if | ||||||
2 | those services are available. "Rehabilitation | ||||||
3 | services" may include interventions by school support | ||||||
4 | personnel, evaluation for eligibility for special | ||||||
5 | education, referrals to community-based agencies such | ||||||
6 | as youth services, behavioral healthcare service | ||||||
7 | providers, drug and alcohol prevention or treatment | ||||||
8 | programs, and other interventions as deemed | ||||||
9 | appropriate for the student. | ||||||
10 | (B) Any information provided to appropriate school | ||||||
11 | officials whom the school has determined to have a | ||||||
12 | legitimate educational or safety interest by local law | ||||||
13 | enforcement officials about a minor who is the subject | ||||||
14 | of a current police investigation that is directly | ||||||
15 | related to school safety shall consist of oral | ||||||
16 | information only, and not written juvenile law | ||||||
17 | enforcement records, and shall be used solely by the | ||||||
18 | appropriate school official or officials to protect | ||||||
19 | the safety of students and employees in the school and | ||||||
20 | aid in the proper rehabilitation of the child. The | ||||||
21 | information derived orally from the local law | ||||||
22 | enforcement officials shall be kept separate from and | ||||||
23 | shall not become a part of the official school record | ||||||
24 | of the child and shall not be a public record. This | ||||||
25 | limitation on the use of information about a minor who | ||||||
26 | is the subject of a current police investigation shall |
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1 | in no way limit the use of this information by | ||||||
2 | prosecutors in pursuing criminal charges arising out | ||||||
3 | of the information disclosed during a police | ||||||
4 | investigation of the minor. For purposes of this | ||||||
5 | paragraph, "investigation" means an official | ||||||
6 | systematic inquiry by a law enforcement agency into | ||||||
7 | actual or suspected criminal activity. | ||||||
8 | (9) Mental health professionals on behalf of the | ||||||
9 | Department of
Corrections or the Department of Human | ||||||
10 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
11 | or investigating a potential or actual petition
brought
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12 | under the Sexually Violent Persons Commitment Act relating | ||||||
13 | to a person who is
the
subject of juvenile law enforcement | ||||||
14 | records or the respondent to a petition
brought under the | ||||||
15 | Sexually Violent Persons Commitment Act who is the subject | ||||||
16 | of
the
juvenile law enforcement records sought.
Any | ||||||
17 | juvenile law enforcement records and any information | ||||||
18 | obtained from those juvenile law enforcement records under | ||||||
19 | this
paragraph (9) may be used only in sexually violent | ||||||
20 | persons commitment
proceedings.
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21 | (10) The president of a park district. Inspection and | ||||||
22 | copying shall be limited to juvenile law enforcement | ||||||
23 | records transmitted to the president of the park district | ||||||
24 | by the Department of State Police under Section 8-23 of the | ||||||
25 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
26 | District Act concerning a person who is seeking employment |
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1 | with that park district and who has been adjudicated a | ||||||
2 | juvenile delinquent for any of the offenses listed in | ||||||
3 | subsection (c) of Section 8-23 of the Park District Code or | ||||||
4 | subsection (c) of Section 16a-5 of the Chicago Park | ||||||
5 | District Act. | ||||||
6 | (11) Persons managing and designated to participate in | ||||||
7 | a court diversion program as designated in subsection (6) | ||||||
8 | of Section 5-105. | ||||||
9 | (12) The Public Access Counselor of the Office of the | ||||||
10 | Attorney General, when reviewing juvenile law enforcement | ||||||
11 | records under its powers and duties under the Freedom of | ||||||
12 | Information Act. | ||||||
13 | (13) Collection agencies, contracted or otherwise | ||||||
14 | engaged by a governmental entity, to collect any debts due | ||||||
15 | and owing to the governmental entity. | ||||||
16 | (14) The victim or alleged victim named in a law | ||||||
17 | enforcement record upon request by the victim, in writing, | ||||||
18 | to the law enforcement
agency for the name of the minor who | ||||||
19 | is the alleged offender named in the law enforcement | ||||||
20 | record, unless the law enforcement
agency determines that | ||||||
21 | the release of the information would impede the criminal | ||||||
22 | investigation of the case described in the law enforcement | ||||||
23 | record.
Upon receipt of the written request, the law | ||||||
24 | enforcement agency shall provide the identity of the
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25 | offender or alleged offender to the victim within 30 days | ||||||
26 | after receipt of the request.
The victim or alleged victim |
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1 | named in the law enforcement record, before receiving the | ||||||
2 | information, shall sign an affidavit provided by the law | ||||||
3 | enforcement agency stating that he or she will not disclose | ||||||
4 | the information contained in the law enforcement record to | ||||||
5 | the public, but the victim may use the information for | ||||||
6 | civil litigation purposes. The identity of the offender or | ||||||
7 | alleged offender may not be publicly disclosed by the | ||||||
8 | victim or alleged
victim, except for civil litigation | ||||||
9 | purposes. | ||||||
10 | (B)(1) Except as provided in paragraph (2), no law | ||||||
11 | enforcement
officer or other person or agency may knowingly | ||||||
12 | transmit to the Department of
Corrections, Department of State | ||||||
13 | Police, or to the Federal
Bureau of Investigation any | ||||||
14 | fingerprint or photograph relating to a minor who
has been | ||||||
15 | arrested or taken into custody before his or her 18th birthday,
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16 | unless the court in proceedings under this Act authorizes the | ||||||
17 | transmission or
enters an order under Section 5-805 permitting | ||||||
18 | or requiring the
institution of
criminal proceedings.
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19 | (2) Law enforcement officers or other persons or agencies | ||||||
20 | shall transmit
to the Department of State Police copies of | ||||||
21 | fingerprints and descriptions
of all minors who have been | ||||||
22 | arrested or taken into custody before their
18th birthday for | ||||||
23 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
25 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
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1 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
2 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
3 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
4 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
5 | Identification Act. Information reported to the Department | ||||||
6 | pursuant
to this Section may be maintained with records that | ||||||
7 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
8 | Identification Act. Nothing in this
Act prohibits a law | ||||||
9 | enforcement agency from fingerprinting a minor taken into
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10 | custody or arrested before his or her 18th birthday for an | ||||||
11 | offense other than
those listed in this paragraph (2).
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12 | (C) The records of law enforcement officers, or of an | ||||||
13 | independent agency created by ordinance and charged by a unit | ||||||
14 | of local government with the duty of investigating the conduct | ||||||
15 | of law enforcement officers, concerning all minors under
18 | ||||||
16 | years of age must be maintained separate from the records of | ||||||
17 | arrests and
may not be open to public inspection or their | ||||||
18 | contents disclosed to the
public. For purposes of obtaining | ||||||
19 | documents under this Section, a civil subpoena is not an order | ||||||
20 | of the court. | ||||||
21 | (1) In cases where the law enforcement, or independent | ||||||
22 | agency, records concern a pending juvenile court case, the | ||||||
23 | party seeking to inspect the records shall provide actual | ||||||
24 | notice to the attorney or guardian ad litem of the minor | ||||||
25 | whose records are sought. | ||||||
26 | (2) In cases where the records concern a juvenile court |
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1 | case that is no longer pending, the party seeking to | ||||||
2 | inspect the records shall provide actual notice to the | ||||||
3 | minor or the minor's parent or legal guardian, and the | ||||||
4 | matter shall be referred to the chief judge presiding over | ||||||
5 | matters pursuant to this Act. | ||||||
6 | (3) In determining whether the records should be | ||||||
7 | available for inspection, the court shall consider the | ||||||
8 | minor's interest in confidentiality and rehabilitation | ||||||
9 | over the moving party's interest in obtaining the | ||||||
10 | information. Any records obtained in violation of this | ||||||
11 | subsection (C) shall not be admissible in any criminal or | ||||||
12 | civil proceeding, or operate to disqualify a minor from | ||||||
13 | subsequently holding public office or securing employment, | ||||||
14 | or operate as a forfeiture of any public benefit, right, | ||||||
15 | privilege, or right to receive any license granted by | ||||||
16 | public authority.
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17 | (D) Nothing contained in subsection (C) of this Section | ||||||
18 | shall prohibit
the inspection or disclosure to victims and | ||||||
19 | witnesses of photographs
contained in the records of law | ||||||
20 | enforcement agencies when the
inspection and disclosure is | ||||||
21 | conducted in the presence of a law enforcement
officer for the | ||||||
22 | purpose of the identification or apprehension of any person
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23 | subject to the provisions of this Act or for the investigation | ||||||
24 | or
prosecution of any crime.
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25 | (E) Law enforcement officers, and personnel 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, may not disclose the identity of | ||||||
3 | any minor
in releasing information to the general public as to | ||||||
4 | the arrest, investigation
or disposition of any case involving | ||||||
5 | a minor.
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6 | (F) Nothing contained in this Section shall prohibit law | ||||||
7 | enforcement
agencies from communicating with each other by | ||||||
8 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
9 | or other means the identity or other relevant
information | ||||||
10 | pertaining to a person under 18 years of age if there are
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11 | reasonable grounds to believe that the person poses a real and | ||||||
12 | present danger
to the safety of the public or law enforcement | ||||||
13 | officers. The information
provided under this subsection (F) | ||||||
14 | shall remain confidential and shall not
be publicly disclosed, | ||||||
15 | except as otherwise allowed by law.
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16 | (G) Nothing in this Section shall prohibit the right of a | ||||||
17 | Civil Service
Commission or appointing authority of any federal | ||||||
18 | government, state, county or municipality
examining the | ||||||
19 | character and fitness of an applicant for employment with a law
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20 | enforcement agency, correctional institution, or fire | ||||||
21 | department
from obtaining and examining the
records of any law | ||||||
22 | enforcement agency relating to any record of the applicant
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23 | having been arrested or taken into custody before the | ||||||
24 | applicant's 18th
birthday.
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25 | (G-5) Information identifying victims and alleged victims | ||||||
26 | of sex offenses shall not be disclosed or open to the public |
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1 | under any circumstances. Nothing in this Section shall prohibit | ||||||
2 | the victim or alleged victim of any sex offense from | ||||||
3 | voluntarily disclosing his or her own identity. | ||||||
4 | (H) The changes made to this Section by Public Act 98-61 | ||||||
5 | apply to law enforcement records of a minor who has been | ||||||
6 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
7 | effective date of Public Act 98-61). | ||||||
8 | (H-5) Nothing in this Section shall require any court or | ||||||
9 | adjudicative proceeding for traffic, boating, fish and game | ||||||
10 | law, or municipal and county ordinance violations to be closed | ||||||
11 | to the public. | ||||||
12 | (I) Willful violation of this Section is a Class C | ||||||
13 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
14 | This subsection (I) shall not apply to the person who is the | ||||||
15 | subject of the record. | ||||||
16 | (J) A person convicted of violating this Section is liable | ||||||
17 | for damages in the amount of $1,000 or actual damages, | ||||||
18 | whichever is greater. | ||||||
19 | (Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||||||
20 | 100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff. | ||||||
21 | 12-20-18.)
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