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91_HB0090sam002
LRB9100598RCksam
1 AMENDMENT TO HOUSE BILL 90
2 AMENDMENT NO. . Amend House Bill 90, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Juvenile Court Act of 1987 by
5 changing Section 5-905."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Juvenile Court Act of 1987 is amended by
9 changing Section 5-905 as follows:
10 (705 ILCS 405/5-905)
11 Sec. 5-905. Law enforcement records.
12 (1) Law Enforcement Records. Inspection and copying of
13 law enforcement records maintained by law enforcement
14 agencies that relate to a minor who has been arrested or
15 taken into custody before his or her 17th birthday shall be
16 restricted to the following and when necessary for the
17 discharge of their official duties:
18 (a) A judge of the circuit court and members of the
19 staff of the court designated by the judge;
20 (b) Law enforcement officers, probation officers or
21 prosecutors or their staff;
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1 (c) The minor, the minor's parents or legal
2 guardian and their attorneys, but only when the juvenile
3 has been charged with an offense;
4 (d) Adult and Juvenile Prisoner Review Boards;
5 (e) Authorized military personnel;
6 (f) Persons engaged in bona fide research, with the
7 permission of the judge of juvenile court and the chief
8 executive of the agency that prepared the particular
9 recording: provided that publication of such research
10 results in no disclosure of a minor's identity and
11 protects the confidentiality of the record;
12 (g) Individuals responsible for supervising or
13 providing temporary or permanent care and custody of
14 minors pursuant to orders of the juvenile court or
15 directives from officials of the Department of Children
16 and Family Services or the Department of Human Services
17 who certify in writing that the information will not be
18 disclosed to any other party except as provided under law
19 or order of court;
20 (h) The appropriate school official. Inspection
21 and 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
24 system established and maintained between the school
25 district and the local law enforcement agency under
26 Section 10-20.14 of the School Code concerning a minor
27 enrolled in a school within the school district who has
28 been arrested for any offense classified as a felony or a
29 Class A or B misdemeanor.
30 (2) Information identifying victims and alleged victims
31 of sex offenses, shall not be disclosed or open to public
32 inspection under any circumstances. Nothing in this Section
33 shall prohibit the victim or alleged victim of any sex
34 offense from voluntarily disclosing his or her identity.
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1 (3) Relevant information, reports and records shall be
2 made available to the Department of Corrections when a
3 juvenile offender has been placed in the custody of the
4 Department of Corrections, Juvenile Division.
5 (4) Nothing in this Section shall prohibit the
6 inspection or disclosure to victims and witnesses of
7 photographs contained in the records of law enforcement
8 agencies when the inspection or disclosure is conducted in
9 the presence of a law enforcement officer for purposes of
10 identification or apprehension of any person in the course of
11 any criminal investigation or prosecution.
12 (5) The records of law enforcement officers concerning
13 all minors under 17 years of age must be maintained separate
14 from the records of adults and may not be open to public
15 inspection or their contents disclosed to the public except
16 by order of the court or when the institution of criminal
17 proceedings has been permitted under Section 5-130 or 5-805
18 or required under Section 5-130 or 5-805 or such a person has
19 been convicted of a crime and is the subject of pre-sentence
20 investigation or when provided by law.
21 (6) Except as otherwise provided in this subsection (6),
22 law enforcement officers may not disclose the identity of
23 any minor in releasing information to the general public as
24 to the arrest, investigation or disposition of any case
25 involving a minor. Any victim or parent or legal guardian of
26 a victim may petition the court to disclose the name and
27 address of the minor and the minor's parents or legal
28 guardian, or both. Upon a finding by clear and convincing
29 evidence that the disclosure is either necessary for the
30 victim to pursue a civil remedy against the minor or the
31 minor's parents or legal guardian, or both, or to protect the
32 victim's person or property from the minor, then the court
33 may order the disclosure of the information to the victim or
34 to the parent or legal guardian of the victim only for the
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1 purpose of the victim pursuing a civil remedy against the
2 minor or the minor's parents or legal guardian, or both, or
3 to protect the victim's person or property from the minor.
4 Upon written request, law enforcement officers may release
5 the name and address of a minor who has been arrested for a
6 criminal offense to the victim, or if the victim is a minor,
7 to the victim's legal custodian, guardian or parent. The law
8 enforcement officer may release the information only if he or
9 she reasonably believes such release would not endanger the
10 person or property of the arrested minor or his or her
11 family.
12 (7) Nothing contained in this Section shall prohibit law
13 enforcement agencies when acting in their official capacity
14 from communicating with each other by letter, memorandum,
15 teletype or intelligence alert bulletin or other means the
16 identity or other relevant information pertaining to a person
17 under 17 years of age. The information provided under this
18 subsection (7) shall remain confidential and shall not be
19 publicly disclosed, except as otherwise allowed by law.
20 (8) No person shall disclose information under this
21 Section except when acting in his or her official capacity
22 and as provided by law or order of court.
23 (Source: P.A. 90-590, eff. 1-1-99.)".