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1 | AN ACT concerning juveniles.
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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 Sections 1-7 and 5-905 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 law enforcement records.
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8 | (A) Inspection and copying of law enforcement records | |||||||||||||||||||||
9 | maintained by law
enforcement agencies that relate to a minor | |||||||||||||||||||||
10 | who has been arrested or taken
into custody before his or her | |||||||||||||||||||||
11 | 17th birthday shall be restricted to the
following:
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12 | (1) Any local, State or federal law enforcement | |||||||||||||||||||||
13 | officers of any
jurisdiction or agency when necessary for | |||||||||||||||||||||
14 | the discharge of their official
duties during the | |||||||||||||||||||||
15 | investigation or prosecution of a crime or relating to a
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16 | minor who has been adjudicated delinquent and there has | |||||||||||||||||||||
17 | been a previous finding
that the act which constitutes the | |||||||||||||||||||||
18 | previous offense was committed in
furtherance of criminal | |||||||||||||||||||||
19 | activities by a criminal street gang , or, when necessary | |||||||||||||||||||||
20 | for the discharge of their official
duties, persons or | |||||||||||||||||||||
21 | their staff charged by a unit of local government with the | |||||||||||||||||||||
22 | duty of investigating the conduct of law enforcement | |||||||||||||||||||||
23 | officers . For purposes of
this Section, "criminal street |
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1 | gang" has the meaning ascribed to it in
Section 10 of the | ||||||
2 | Illinois Streetgang Terrorism Omnibus Prevention Act.
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3 | (2) Prosecutors, probation officers, social workers, | ||||||
4 | or other
individuals assigned by the court to conduct a | ||||||
5 | pre-adjudication or
pre-disposition investigation, and | ||||||
6 | individuals responsible for supervising
or providing | ||||||
7 | temporary or permanent care and custody for minors pursuant | ||||||
8 | to
the order of the juvenile court, when essential to | ||||||
9 | performing their
responsibilities.
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10 | (3) Prosecutors and probation officers:
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11 | (a) in the course of a trial when institution of | ||||||
12 | criminal proceedings
has been permitted or required | ||||||
13 | under Section 5-805; or
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14 | (b) when institution of criminal proceedings has | ||||||
15 | been permitted or required under Section 5-805 and such | ||||||
16 | minor is the
subject
of a proceeding to determine the | ||||||
17 | amount of bail; or
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18 | (c) when criminal proceedings have been permitted
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19 | or
required under Section 5-805 and such minor is the | ||||||
20 | subject of a
pre-trial
investigation, pre-sentence | ||||||
21 | investigation, fitness hearing, or proceedings
on an | ||||||
22 | application for probation.
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23 | (4) Adult and Juvenile Prisoner Review Board.
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24 | (5) Authorized military personnel.
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25 | (6) Persons engaged in bona fide research, with the | ||||||
26 | permission of the
Presiding Judge of the Juvenile Court and |
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1 | the chief executive of the respective
law enforcement | ||||||
2 | agency; provided that publication of such research results
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3 | in no disclosure of a minor's identity and protects the | ||||||
4 | confidentiality
of the minor's record.
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5 | (7) Department of Children and Family Services child | ||||||
6 | protection
investigators acting in their official | ||||||
7 | capacity.
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8 | (8) The appropriate school official. Inspection and | ||||||
9 | copying
shall be limited to law enforcement records | ||||||
10 | transmitted to the appropriate
school official by a local | ||||||
11 | law enforcement agency under a reciprocal reporting
system | ||||||
12 | established and maintained between the school district and | ||||||
13 | the local law
enforcement agency under Section 10-20.14 of | ||||||
14 | the School Code concerning a minor
enrolled in a school | ||||||
15 | within the school district who has been arrested or taken
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16 | into custody for any of the following offenses:
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17 | (i) unlawful use of weapons under Section 24-1 of | ||||||
18 | the Criminal Code of
1961;
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19 | (ii) a violation of the Illinois Controlled | ||||||
20 | Substances Act;
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21 | (iii) a violation of the Cannabis Control Act;
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22 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
23 | the Criminal Code
of 1961; or | ||||||
24 | (v) a violation of the Methamphetamine Control and | ||||||
25 | Community Protection Act.
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26 | (9) Mental health professionals on behalf of the |
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1 | Illinois Department of
Corrections or the Department of | ||||||
2 | Human Services or prosecutors who are
evaluating, | ||||||
3 | prosecuting, or investigating a potential or actual | ||||||
4 | petition
brought
under the Sexually Violent Persons | ||||||
5 | Commitment Act relating to a person who is
the
subject of | ||||||
6 | juvenile law enforcement records or the respondent to a | ||||||
7 | petition
brought under the Sexually Violent Persons | ||||||
8 | Commitment Act who is the subject of
the
juvenile law | ||||||
9 | enforcement records sought.
Any records and any | ||||||
10 | information obtained from those records under this
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11 | paragraph (9) may be used only in sexually violent persons | ||||||
12 | commitment
proceedings.
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13 | (B) (1) Except as provided in paragraph (2), no law | ||||||
14 | enforcement
officer or other person or agency may knowingly | ||||||
15 | transmit to the Department of
Corrections, Adult Division | ||||||
16 | or the Department of State Police or to the Federal
Bureau | ||||||
17 | of Investigation any fingerprint or photograph relating to | ||||||
18 | a minor who
has been arrested or taken into custody before | ||||||
19 | his or her 17th birthday,
unless the court in proceedings | ||||||
20 | under this Act authorizes the transmission or
enters an | ||||||
21 | order under Section 5-805 permitting or requiring the
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22 | institution of
criminal proceedings.
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23 | (2) Law enforcement officers or other persons or | ||||||
24 | agencies shall transmit
to the Department of State Police | ||||||
25 | copies of fingerprints and descriptions
of all minors who | ||||||
26 | have been arrested or taken into custody before their
17th |
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1 | birthday for the offense of unlawful use of weapons under | ||||||
2 | Article 24 of
the Criminal Code of 1961, a Class X or Class | ||||||
3 | 1 felony, a forcible felony as
defined in Section 2-8 of | ||||||
4 | the Criminal Code of 1961, or a Class 2 or greater
felony | ||||||
5 | under the Cannabis Control Act, the Illinois Controlled | ||||||
6 | Substances Act, the Methamphetamine Control and Community | ||||||
7 | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | ||||||
8 | pursuant to Section 5 of the
Criminal Identification Act. | ||||||
9 | Information reported to the Department pursuant
to this | ||||||
10 | Section may be maintained with records that the Department | ||||||
11 | files
pursuant to Section 2.1 of the Criminal | ||||||
12 | Identification Act. Nothing in this
Act prohibits a law | ||||||
13 | enforcement agency from fingerprinting a minor taken into
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14 | custody or arrested before his or her 17th birthday for an | ||||||
15 | offense other than
those listed in this paragraph (2).
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16 | (C) The records of law enforcement officers concerning all | ||||||
17 | minors under
17 years of age must be maintained separate from | ||||||
18 | the records of arrests and
may not be open to public inspection | ||||||
19 | or their contents disclosed to the
public except by order of | ||||||
20 | the court presiding over matters pursuant to this Act or when | ||||||
21 | the institution of criminal
proceedings has been permitted or | ||||||
22 | required under Section
5-805 or such a person has been | ||||||
23 | convicted of a crime and is the
subject of
pre-sentence | ||||||
24 | investigation or proceedings on an application for probation
or | ||||||
25 | when provided by law. For purposes of obtaining documents | ||||||
26 | pursuant to this Section, a civil subpoena is not an order of |
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1 | the court. | ||||||
2 | (1) In cases where the law enforcement records concern | ||||||
3 | a pending juvenile court case, the party seeking to inspect | ||||||
4 | the records shall provide actual notice to the attorney or | ||||||
5 | guardian ad litem of the minor whose records are sought. | ||||||
6 | (2) In cases where the records concern a juvenile court | ||||||
7 | case that is no longer pending, the party seeking to | ||||||
8 | inspect the records shall provide actual notice to the | ||||||
9 | minor or the minor's parent or legal guardian, and the | ||||||
10 | matter shall be referred to the chief judge presiding over | ||||||
11 | matters pursuant to this Act. | ||||||
12 | (3) In determining whether the records should be | ||||||
13 | available for inspection, the court shall consider the | ||||||
14 | minor's interest in confidentiality and rehabilitation | ||||||
15 | over the moving party's interest in obtaining the | ||||||
16 | information. Any records obtained in violation of this | ||||||
17 | subsection (C) shall not be admissible in any criminal or | ||||||
18 | civil proceeding, or operate to disqualify a minor from | ||||||
19 | subsequently holding public office or securing employment, | ||||||
20 | or operate as a forfeiture of any public benefit, right, | ||||||
21 | privilege, or right to receive any license granted by | ||||||
22 | public authority.
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23 | (D) Nothing contained in subsection (C) of this Section | ||||||
24 | shall prohibit
the inspection or disclosure to victims and | ||||||
25 | witnesses of photographs
contained in the records of law | ||||||
26 | enforcement agencies when the
inspection and disclosure is |
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1 | conducted in the presence of a law enforcement
officer for the | ||||||
2 | purpose of the identification or apprehension of any person
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3 | subject to the provisions of this Act or for the investigation | ||||||
4 | or
prosecution of any crime.
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5 | (E) Law enforcement officers may not disclose the identity | ||||||
6 | of any minor
in releasing information to the general public as | ||||||
7 | to the arrest, investigation
or disposition of any case | ||||||
8 | involving a minor.
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9 | (F) Nothing contained in this Section shall prohibit law | ||||||
10 | enforcement
agencies from communicating with each other by | ||||||
11 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
12 | other means the identity or other relevant
information | ||||||
13 | pertaining to a person under 17 years of age if there are
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14 | reasonable grounds to believe that the person poses a real and | ||||||
15 | present danger
to the safety of the public or law enforcement | ||||||
16 | officers. The information
provided under this subsection (F) | ||||||
17 | shall remain confidential and shall not
be publicly disclosed, | ||||||
18 | except as otherwise allowed by law.
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19 | (G) Nothing in this Section shall prohibit the right of a | ||||||
20 | Civil Service
Commission or appointing authority of any state, | ||||||
21 | county or municipality
examining the character and fitness of | ||||||
22 | an applicant for employment with a law
enforcement agency, | ||||||
23 | correctional institution, or fire department
from obtaining | ||||||
24 | and examining the
records of any law enforcement agency | ||||||
25 | relating to any record of the applicant
having been arrested or | ||||||
26 | taken into custody before the applicant's 17th
birthday.
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1 | (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
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2 | (705 ILCS 405/5-905)
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3 | Sec. 5-905. Law enforcement records.
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4 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
5 | enforcement records maintained by law enforcement
agencies | ||||||
6 | that relate to a minor who has been arrested or taken into | ||||||
7 | custody
before his or her 17th birthday shall be restricted to | ||||||
8 | the following and when
necessary for the discharge of their | ||||||
9 | official duties:
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10 | (a) A judge of the circuit court and members of the | ||||||
11 | staff of the court
designated by the judge;
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12 | (b) Law enforcement officers, probation officers or | ||||||
13 | prosecutors or their
staff , or persons or their staff | ||||||
14 | charged by a unit of local government with the duty of | ||||||
15 | investigating the conduct of law enforcement officers ;
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16 | (c) The minor, the minor's parents or legal guardian | ||||||
17 | and their attorneys,
but only when the juvenile has been | ||||||
18 | charged with an offense;
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19 | (d) Adult and Juvenile Prisoner Review Boards;
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20 | (e) Authorized military personnel;
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21 | (f) Persons engaged in bona fide research, with the | ||||||
22 | permission of the
judge of juvenile court and the chief | ||||||
23 | executive of the agency that prepared the
particular | ||||||
24 | recording: provided that publication of such research | ||||||
25 | results in no
disclosure of a minor's identity and protects |
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1 | the confidentiality of the
record;
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2 | (g) Individuals responsible for supervising or | ||||||
3 | providing temporary or
permanent care and custody of minors | ||||||
4 | pursuant to orders of the juvenile court
or directives from | ||||||
5 | officials of the Department of Children and Family
Services | ||||||
6 | or the Department of Human Services who certify in writing | ||||||
7 | that the
information will not be disclosed to any other | ||||||
8 | party except as provided under
law or order of court;
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9 | (h) The appropriate school official. Inspection and | ||||||
10 | copying
shall be limited to law enforcement records | ||||||
11 | transmitted to the appropriate
school official by a local | ||||||
12 | law enforcement agency under a reciprocal reporting
system | ||||||
13 | established and maintained between the school district and | ||||||
14 | the local law
enforcement agency under Section 10-20.14 of | ||||||
15 | the School Code concerning a minor
enrolled in a school | ||||||
16 | within the school district who has been arrested
for any | ||||||
17 | offense classified as a felony or a Class A or B | ||||||
18 | misdemeanor.
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19 | (2) Information identifying victims and alleged victims of | ||||||
20 | sex offenses,
shall not be disclosed or open to public | ||||||
21 | inspection under any circumstances.
Nothing in this Section | ||||||
22 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
23 | from voluntarily disclosing his or her identity.
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24 | (3) Relevant information, reports and records shall be made | ||||||
25 | available to the
Department of Juvenile Justice when a juvenile | ||||||
26 | offender has been placed in the
custody of the Department of |
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1 | Juvenile Justice.
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2 | (4) Nothing in this Section shall prohibit the inspection | ||||||
3 | or disclosure to
victims and witnesses of photographs contained | ||||||
4 | in the records of law
enforcement agencies when the inspection | ||||||
5 | or disclosure is conducted in the
presence of a law enforcement | ||||||
6 | officer for purposes of identification or
apprehension of any | ||||||
7 | person in the course of any criminal investigation or
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8 | prosecution.
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9 | (5) The records of law enforcement officers concerning all | ||||||
10 | minors under
17 years of age must be maintained separate from | ||||||
11 | the records of adults and
may not be open to public inspection | ||||||
12 | or their contents disclosed to the
public except by order of | ||||||
13 | the court or when the institution of criminal
proceedings has | ||||||
14 | been permitted under Section 5-130 or 5-805 or required
under | ||||||
15 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
16 | crime and is the
subject of
pre-sentence investigation or when | ||||||
17 | provided by law.
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18 | (6) Except as otherwise provided in this subsection (6), | ||||||
19 | law enforcement
officers may not disclose the identity of any | ||||||
20 | minor
in releasing information to the general public as to the | ||||||
21 | arrest, investigation
or disposition of any case involving a | ||||||
22 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
23 | petition the court to
disclose the name and address of the | ||||||
24 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
25 | a finding by clear and convincing evidence that the
disclosure | ||||||
26 | is either necessary for the victim to pursue a civil remedy |
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1 | against
the minor or the minor's parents or legal guardian, or | ||||||
2 | both, or to protect the
victim's person or property from the | ||||||
3 | minor, then the court may order the
disclosure of the | ||||||
4 | information to the victim or to the parent or legal guardian
of | ||||||
5 | the victim only for the purpose of the victim pursuing a civil | ||||||
6 | remedy
against the minor or the minor's parents or legal | ||||||
7 | guardian, or both, or to
protect the victim's person or | ||||||
8 | property from the minor.
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9 | (7) Nothing contained in this Section shall prohibit law | ||||||
10 | enforcement
agencies when acting in their official capacity | ||||||
11 | from communicating with each
other by letter, memorandum, | ||||||
12 | teletype or
intelligence alert bulletin or other means the | ||||||
13 | identity or other relevant
information pertaining to a person | ||||||
14 | under 17 years of age. The information
provided under this | ||||||
15 | subsection (7) shall remain confidential and shall not
be | ||||||
16 | publicly disclosed, except as otherwise allowed by law.
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17 | (8) No person shall disclose information under this Section | ||||||
18 | except when
acting in his or her official capacity and as | ||||||
19 | provided by law or order of
court.
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20 | (Source: P.A. 94-696, eff. 6-1-06 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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