|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5304 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
|
705 ILCS 405/1-7 | from Ch. 37, par. 801-7 |
705 ILCS 405/1-8 | from Ch. 37, par. 801-8 |
705 ILCS 405/5-915 |
|
|
Amends the Juvenile Court Act of 1987. Provides that the minor who is the subject of record, his or her parents, guardian, and counsel shall have the right to inspect and copy law enforcement records maintained by a law
enforcement agency or record of municipal ordinance violations maintained by any State, local, or municipal agency that relate to a minor who has been investigated, arrested, or taken
into custody before his or her 18th birthday. Provides that public defenders shall have access to these law enforcement and juvenile court records under specified circumstances. Makes changes to the juvenile court and law enforcement juvenile records expungement procedures. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | HB5304 | | LRB100 19681 RLC 34955 b |
|
|
1 | | AN ACT concerning courts.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Sections 1-7, 1-8, and 5-915 as follows:
|
6 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
|
7 | | Sec. 1-7. Confidentiality of law enforcement and municipal |
8 | | ordinance violation records.
|
9 | | (A) All juvenile records which have not been expunged are |
10 | | sealed and may never be disclosed to the general public or |
11 | | otherwise made widely available. Sealed records may be obtained |
12 | | only under this Section and Sections Section 1-8 and 5-915 of |
13 | | this Act, when their use is needed for good cause and with an |
14 | | order from the juvenile court, as required by those not |
15 | | authorized to retain them. Inspection and copying of law |
16 | | enforcement records maintained by law
enforcement agencies or |
17 | | records of municipal ordinance violations maintained by any |
18 | | State, local, or municipal agency that relate to a minor who |
19 | | has been investigated, arrested, or taken
into custody before |
20 | | his or her 18th birthday shall be restricted to the
following:
|
21 | | (0.05) The minor who is the subject of record, his or |
22 | | her parents, guardian, and counsel. |
23 | | (1) Any local, State , or federal law enforcement |
|
| | HB5304 | - 2 - | LRB100 19681 RLC 34955 b |
|
|
1 | | officers of any
jurisdiction or agency when necessary for |
2 | | the discharge of their official
duties during the |
3 | | investigation or prosecution of a crime or relating to a
|
4 | | minor who has been adjudicated delinquent and there has |
5 | | been a previous finding
that the act which constitutes the |
6 | | previous offense was committed in
furtherance of criminal |
7 | | activities by a criminal street gang, or, when necessary |
8 | | for the discharge of its official duties in connection with |
9 | | a particular investigation of the conduct of a law |
10 | | enforcement officer, an independent agency or its staff |
11 | | created by ordinance and charged by a unit of local |
12 | | government with the duty of investigating the conduct of |
13 | | law enforcement officers. For purposes of
this Section, |
14 | | "criminal street gang" has the meaning ascribed to it in
|
15 | | Section 10 of the Illinois Streetgang Terrorism Omnibus |
16 | | Prevention Act.
|
17 | | (2) Prosecutors, public defenders, probation officers, |
18 | | social workers, or other
individuals assigned by the court |
19 | | to conduct a pre-adjudication or
pre-disposition |
20 | | investigation, and individuals responsible for supervising
|
21 | | or providing temporary or permanent care and custody for |
22 | | minors pursuant to
the order of the juvenile court, when |
23 | | essential to performing their
responsibilities.
|
24 | | (3) Prosecutors , public defenders, and probation |
25 | | officers:
|
26 | | (a) in the course of a trial when institution of |
|
| | HB5304 | - 3 - | LRB100 19681 RLC 34955 b |
|
|
1 | | criminal proceedings
has been permitted or required |
2 | | under Section 5-805; or
|
3 | | (b) when institution of criminal proceedings has |
4 | | been permitted or required under Section 5-805 and such |
5 | | minor is the
subject
of a proceeding to determine the |
6 | | amount of bail; or
|
7 | | (c) when criminal proceedings have been permitted
|
8 | | or
required under Section 5-805 and such minor is the |
9 | | subject of a
pre-trial
investigation, pre-sentence |
10 | | investigation, fitness hearing, or proceedings
on an |
11 | | application for probation.
|
12 | | (4) Adult and Juvenile Prisoner Review Board.
|
13 | | (5) Authorized military personnel.
|
14 | | (6) Persons engaged in bona fide research, with the |
15 | | permission of the
Presiding Judge of the Juvenile Court and |
16 | | the chief executive of the respective
law enforcement |
17 | | agency; provided that publication of such research results
|
18 | | in no disclosure of a minor's identity and protects the |
19 | | confidentiality
of the minor's record.
|
20 | | (7) Department of Children and Family Services child |
21 | | protection
investigators acting in their official |
22 | | capacity.
|
23 | | (8) The appropriate school official only if the agency |
24 | | or officer believes that there is an imminent threat of |
25 | | physical harm to students, school personnel, or others who |
26 | | are present in the school or on school grounds. |
|
| | HB5304 | - 4 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (A) Inspection and copying
shall be limited to law |
2 | | enforcement records transmitted to the appropriate
|
3 | | school official or officials whom the school has |
4 | | determined to have a legitimate educational or safety |
5 | | interest by a local law enforcement agency under a |
6 | | reciprocal reporting
system established and maintained |
7 | | between the school district and the local law
|
8 | | enforcement agency under Section 10-20.14 of the |
9 | | School Code concerning a minor
enrolled in a school |
10 | | within the school district who has been arrested or |
11 | | taken
into custody for any of the following offenses:
|
12 | | (i) any violation of Article 24 of the Criminal |
13 | | Code of
1961 or the Criminal Code of 2012;
|
14 | | (ii) a violation of the Illinois Controlled |
15 | | Substances Act;
|
16 | | (iii) a violation of the Cannabis Control Act;
|
17 | | (iv) a forcible felony as defined in Section |
18 | | 2-8 of the Criminal Code
of 1961 or the Criminal |
19 | | Code of 2012; |
20 | | (v) a violation of the Methamphetamine Control |
21 | | and Community Protection Act;
|
22 | | (vi) a violation of Section 1-2 of the |
23 | | Harassing and Obscene Communications Act; |
24 | | (vii) a violation of the Hazing Act; or |
25 | | (viii) a violation of Section 12-1, 12-2, |
26 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
|
| | HB5304 | - 5 - | LRB100 19681 RLC 34955 b |
|
|
1 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
2 | | Criminal Code of 1961 or the Criminal Code of 2012. |
3 | | The information derived from the law enforcement |
4 | | records shall be kept separate from and shall not |
5 | | become a part of the official school record of that |
6 | | child and shall not be a public record. The information |
7 | | shall be used solely by the appropriate school official |
8 | | or officials whom the school has determined to have a |
9 | | legitimate educational or safety interest to aid in the |
10 | | proper rehabilitation of the child and to protect the |
11 | | safety of students and employees in the school. If the |
12 | | designated law enforcement and school officials deem |
13 | | it to be in the best interest of the minor, the student |
14 | | may be referred to in-school or community based social |
15 | | services if those services are available. |
16 | | "Rehabilitation services" may include interventions by |
17 | | school support personnel, evaluation for eligibility |
18 | | for special education, referrals to community-based |
19 | | agencies such as youth services, behavioral healthcare |
20 | | service providers, drug and alcohol prevention or |
21 | | treatment programs, and other interventions as deemed |
22 | | appropriate for the student. |
23 | | (B) Any information provided to appropriate school |
24 | | officials whom the school has determined to have a |
25 | | legitimate educational or safety interest by local law |
26 | | enforcement officials about a minor who is the subject |
|
| | HB5304 | - 6 - | LRB100 19681 RLC 34955 b |
|
|
1 | | of a current police investigation that is directly |
2 | | related to school safety shall consist of oral |
3 | | information only, and not written law enforcement |
4 | | records, and shall be used solely by the appropriate |
5 | | school official or officials to protect the safety of |
6 | | students and employees in the school and aid in the |
7 | | proper rehabilitation of the child. The information |
8 | | derived orally from the local law enforcement |
9 | | officials shall be kept separate from and shall not |
10 | | become a part of the official school record of the |
11 | | child and shall not be a public record. This limitation |
12 | | on the use of information about a minor who is the |
13 | | subject of a current police investigation shall in no |
14 | | way limit the use of this information by prosecutors in |
15 | | pursuing criminal charges arising out of the |
16 | | information disclosed during a police investigation of |
17 | | the minor. For purposes of this paragraph, |
18 | | "investigation" means an official systematic inquiry |
19 | | by a law enforcement agency into actual or suspected |
20 | | criminal activity. |
21 | | (9) Mental health professionals on behalf of the |
22 | | Illinois Department of
Corrections or the Department of |
23 | | Human Services or prosecutors who are
evaluating, |
24 | | prosecuting, or investigating a potential or actual |
25 | | petition
brought
under the Sexually Violent Persons |
26 | | Commitment Act relating to a person who is
the
subject of |
|
| | HB5304 | - 7 - | LRB100 19681 RLC 34955 b |
|
|
1 | | juvenile law enforcement records or the respondent to a |
2 | | petition
brought under the Sexually Violent Persons |
3 | | Commitment Act who is the subject of
the
juvenile law |
4 | | enforcement records sought.
Any records and any |
5 | | information obtained from those records under this
|
6 | | paragraph (9) may be used only in sexually violent persons |
7 | | commitment
proceedings.
|
8 | | (10) The president of a park district. Inspection and |
9 | | copying shall be limited to law enforcement records |
10 | | transmitted to the president of the park district by the |
11 | | Illinois State Police under Section 8-23 of the Park |
12 | | District Code or Section 16a-5 of the Chicago Park District |
13 | | Act concerning a person who is seeking employment with that |
14 | | park district and who has been adjudicated a juvenile |
15 | | delinquent for any of the offenses listed in subsection (c) |
16 | | of Section 8-23 of the Park District Code or subsection (c) |
17 | | of Section 16a-5 of the Chicago Park District Act. |
18 | | (B)(1) Except as provided in paragraph (2), no law |
19 | | enforcement
officer or other person or agency may knowingly |
20 | | transmit to the Department of
Corrections or the Department of |
21 | | State Police or to the Federal
Bureau of Investigation any |
22 | | fingerprint or photograph relating to a minor who
has been |
23 | | arrested or taken into custody before his or her 18th birthday,
|
24 | | unless the court in proceedings under this Act authorizes the |
25 | | transmission or
enters an order under Section 5-805 permitting |
26 | | or requiring the
institution of
criminal proceedings.
|
|
| | HB5304 | - 8 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (2) Law enforcement officers or other persons or agencies |
2 | | shall transmit
to the Department of State Police copies of |
3 | | fingerprints and descriptions
of all minors who have been |
4 | | arrested or taken into custody before their
18th birthday for |
5 | | the offense of unlawful use of weapons under Article 24 of
the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X |
7 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 |
8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
9 | | Class 2 or greater
felony under the Cannabis Control Act, the |
10 | | Illinois Controlled Substances Act, the Methamphetamine |
11 | | Control and Community Protection Act,
or Chapter 4 of the |
12 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal |
13 | | Identification Act. Information reported to the Department |
14 | | pursuant
to this Section may be maintained with records that |
15 | | the Department files
pursuant to Section 2.1 of the Criminal |
16 | | Identification Act. Nothing in this
Act prohibits a law |
17 | | enforcement agency from fingerprinting a minor taken into
|
18 | | custody or arrested before his or her 18th birthday for an |
19 | | offense other than
those listed in this paragraph (2).
|
20 | | (C) The records of law enforcement officers, or of an |
21 | | independent agency created by ordinance and charged by a unit |
22 | | of local government with the duty of investigating the conduct |
23 | | of law enforcement officers, concerning all minors under
18 |
24 | | years of age must be maintained separate from the records of |
25 | | arrests and
may not be open to public inspection or their |
26 | | contents disclosed to the
public . For purposes of obtaining |
|
| | HB5304 | - 9 - | LRB100 19681 RLC 34955 b |
|
|
1 | | documents under this Section, a civil subpoena is not an order |
2 | | of the court. |
3 | | (1) In cases where the law enforcement, or independent |
4 | | agency, records concern a pending juvenile court case, the |
5 | | party seeking to inspect the records shall provide actual |
6 | | notice to the attorney or guardian ad litem of the minor |
7 | | whose records are sought. |
8 | | (2) In cases where the records concern a juvenile court |
9 | | case that is no longer pending, the party seeking to |
10 | | inspect the records shall provide actual notice to the |
11 | | minor or the minor's parent or legal guardian, and the |
12 | | matter shall be referred to the chief judge presiding over |
13 | | matters pursuant to this Act. |
14 | | (3) In determining whether the records should be |
15 | | available for inspection, the court shall consider the |
16 | | minor's interest in confidentiality and rehabilitation |
17 | | over the moving party's interest in obtaining the |
18 | | information. Any records obtained in violation of this |
19 | | subsection (C) shall not be admissible in any criminal or |
20 | | civil proceeding, or operate to disqualify a minor from |
21 | | subsequently holding public office or securing employment, |
22 | | or operate as a forfeiture of any public benefit, right, |
23 | | privilege, or right to receive any license granted by |
24 | | public authority.
|
25 | | (D) Nothing contained in subsection (C) of this Section |
26 | | shall prohibit
the inspection or disclosure to victims and |
|
| | HB5304 | - 10 - | LRB100 19681 RLC 34955 b |
|
|
1 | | witnesses of photographs
contained in the records of law |
2 | | enforcement agencies when the
inspection and disclosure is |
3 | | conducted in the presence of a law enforcement
officer for the |
4 | | purpose of the identification or apprehension of any person
|
5 | | subject to the provisions of this Act or for the investigation |
6 | | or
prosecution of any crime.
|
7 | | (E) Law enforcement officers, and personnel of an |
8 | | independent agency created by ordinance and charged by a unit |
9 | | of local government with the duty of investigating the conduct |
10 | | of law enforcement officers, may not disclose the identity of |
11 | | any minor
in releasing information to the general public as to |
12 | | the arrest, investigation
or disposition of any case involving |
13 | | a minor.
|
14 | | (F) Nothing contained in this Section shall prohibit law |
15 | | enforcement
agencies from communicating with each other by |
16 | | letter, memorandum, teletype or
intelligence alert bulletin or |
17 | | other means the identity or other relevant
information |
18 | | pertaining to a person under 18 years of age if there are
|
19 | | reasonable grounds to believe that the person poses a real and |
20 | | present danger
to the safety of the public or law enforcement |
21 | | officers. The information
provided under this subsection (F) |
22 | | shall remain confidential and shall not
be publicly disclosed, |
23 | | except as otherwise allowed by law.
|
24 | | (G) Nothing in this Section shall prohibit the right of a |
25 | | Civil Service
Commission or appointing authority of any state, |
26 | | county or municipality
examining the character and fitness of |
|
| | HB5304 | - 11 - | LRB100 19681 RLC 34955 b |
|
|
1 | | an applicant for employment with a law
enforcement agency, |
2 | | correctional institution, or fire department
from obtaining |
3 | | and examining the
records of any law enforcement agency |
4 | | relating to any record of the applicant
having been arrested or |
5 | | taken into custody before the applicant's 18th
birthday.
|
6 | | (H) The changes made to this Section by Public Act 98-61 |
7 | | apply to law enforcement records of a minor who has been |
8 | | arrested or taken into custody on or after January 1, 2014 (the |
9 | | effective date of Public Act 98-61). |
10 | | (I) Willful violation of this Section is a Class C |
11 | | misdemeanor and each violation is subject to a fine of $1,000. |
12 | | This subsection (I) shall not apply to the person who is the |
13 | | subject of the record. |
14 | | (J) A person convicted of violating this Section is liable |
15 | | for damages in the amount of $1,000 or actual damages, |
16 | | whichever is greater. |
17 | | (Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; |
18 | | revised 10-5-17.)
|
19 | | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
|
20 | | Sec. 1-8. Confidentiality and accessibility of juvenile |
21 | | court records.
|
22 | | (A) A juvenile adjudication shall never be considered a |
23 | | conviction nor shall an adjudicated individual be considered a |
24 | | criminal. Unless expressly allowed by law, a juvenile |
25 | | adjudication shall not operate to impose upon the individual |
|
| | HB5304 | - 12 - | LRB100 19681 RLC 34955 b |
|
|
1 | | any of the civil disabilities ordinarily imposed by or |
2 | | resulting from conviction. Unless expressly allowed by law, |
3 | | adjudications shall not prejudice or disqualify the individual |
4 | | in any civil service application or appointment, from holding |
5 | | public office, or from receiving any license granted by public |
6 | | authority. All juvenile records which have not been expunged |
7 | | are sealed and may never be disclosed to the general public or |
8 | | otherwise made widely available. Sealed records may be obtained |
9 | | only under this Section and Section 1-7 and Section 5-915 of |
10 | | this Act, when their use is needed for good cause and with an |
11 | | order from the juvenile court, as required by those not |
12 | | authorized to retain them. Inspection and copying of juvenile |
13 | | court records relating to a minor
who is the subject of a |
14 | | proceeding under this Act shall be restricted to the
following:
|
15 | | (1) The minor who is the subject of record, his |
16 | | parents, guardian
and counsel.
|
17 | | (2) Law enforcement officers and law enforcement |
18 | | agencies when such
information is essential to executing an |
19 | | arrest or search warrant or other
compulsory process, or to |
20 | | conducting an ongoing investigation
or relating to a minor |
21 | | who
has been adjudicated delinquent and there has been a |
22 | | previous finding that
the act which constitutes the |
23 | | previous offense was committed in furtherance
of criminal |
24 | | activities by a criminal street gang.
|
25 | | Before July 1, 1994, for the purposes of this Section, |
26 | | "criminal street
gang" means any ongoing
organization, |
|
| | HB5304 | - 13 - | LRB100 19681 RLC 34955 b |
|
|
1 | | association, or group of 3 or more persons, whether formal |
2 | | or
informal, having as one of its primary activities the |
3 | | commission of one or
more criminal acts and that has a |
4 | | common name or common identifying sign,
symbol or specific |
5 | | color apparel displayed, and whose members individually
or |
6 | | collectively engage in or have engaged in a pattern of |
7 | | criminal activity.
|
8 | | Beginning July 1, 1994, for purposes of this Section, |
9 | | "criminal street
gang" has the meaning ascribed to it in |
10 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus |
11 | | Prevention Act.
|
12 | | (3) Judges, hearing officers, prosecutors, public |
13 | | defenders, probation officers, social
workers or other
|
14 | | individuals assigned by the court to conduct a |
15 | | pre-adjudication or
predisposition investigation, and |
16 | | individuals responsible for supervising
or providing |
17 | | temporary or permanent care and custody for minors pursuant
|
18 | | to the order of the juvenile court when essential to |
19 | | performing their
responsibilities.
|
20 | | (4) Judges, prosecutors , public defenders, and |
21 | | probation officers:
|
22 | | (a) in the course of a trial when institution of |
23 | | criminal proceedings
has been permitted or required |
24 | | under Section 5-805; or
|
25 | | (b) when criminal proceedings have been permitted
|
26 | | or
required under Section 5-805 and a minor is the |
|
| | HB5304 | - 14 - | LRB100 19681 RLC 34955 b |
|
|
1 | | subject of a
proceeding to
determine the amount of |
2 | | bail; or
|
3 | | (c) when criminal proceedings have been permitted
|
4 | | or
required under Section 5-805 and a minor is the |
5 | | subject of a
pre-trial
investigation, pre-sentence |
6 | | investigation or fitness hearing, or
proceedings on an |
7 | | application for probation; or
|
8 | | (d) when a minor becomes 18 years of age or older, |
9 | | and is the subject
of criminal proceedings, including a |
10 | | hearing to determine the amount of
bail, a pre-trial |
11 | | investigation, a pre-sentence investigation, a fitness
|
12 | | hearing, or proceedings on an application for |
13 | | probation.
|
14 | | (5) Adult and Juvenile Prisoner Review Boards.
|
15 | | (6) Authorized military personnel.
|
16 | | (7) Victims, their subrogees and legal |
17 | | representatives; however, such
persons shall have access |
18 | | only to the name and address of the minor and
information |
19 | | pertaining to the disposition or alternative adjustment |
20 | | plan
of the juvenile court.
|
21 | | (8) Persons engaged in bona fide research, with the |
22 | | permission of the
presiding judge of the juvenile court and |
23 | | the chief executive of the agency
that prepared the |
24 | | particular records; provided that publication of such
|
25 | | research results in no disclosure of a minor's identity and |
26 | | protects the
confidentiality of the record.
|
|
| | HB5304 | - 15 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (9) The Secretary of State to whom the Clerk of the |
2 | | Court shall report
the disposition of all cases, as |
3 | | required in Section 6-204 of the Illinois
Vehicle Code. |
4 | | However, information reported relative to these offenses |
5 | | shall
be privileged and available only to the Secretary of |
6 | | State, courts, and police
officers.
|
7 | | (10) The administrator of a bonafide substance abuse |
8 | | student
assistance program with the permission of the |
9 | | presiding judge of the
juvenile court.
|
10 | | (11) Mental health professionals on behalf of the |
11 | | Illinois Department of
Corrections or the Department of |
12 | | Human Services or prosecutors who are
evaluating, |
13 | | prosecuting, or investigating a potential or actual |
14 | | petition
brought
under the Sexually Violent Persons |
15 | | Commitment Act relating to a person who is the
subject of
|
16 | | juvenile court records or the respondent to a petition |
17 | | brought under
the
Sexually Violent Persons Commitment Act, |
18 | | who is the subject of juvenile
court records
sought. Any |
19 | | records and any information obtained from those records |
20 | | under this
paragraph (11) may be used only in sexually |
21 | | violent persons commitment
proceedings.
|
22 | | (A-1) Findings and exclusions of paternity entered in |
23 | | proceedings occurring under Article II of this Act shall be |
24 | | disclosed, in a manner and form approved by the Presiding Judge |
25 | | of the Juvenile Court, to the Department of Healthcare and |
26 | | Family Services when necessary to discharge the duties of the |
|
| | HB5304 | - 16 - | LRB100 19681 RLC 34955 b |
|
|
1 | | Department of Healthcare and Family Services under Article X of |
2 | | the Illinois Public Aid Code. |
3 | | (B) A minor who is the victim in a juvenile proceeding |
4 | | shall be
provided the same confidentiality regarding |
5 | | disclosure of identity as the
minor who is the subject of |
6 | | record.
|
7 | | (C) Juvenile court
records shall not be made available to |
8 | | the general public. For purposes of inspecting documents under |
9 | | this Section, a civil subpoena is not an order of the court.
|
10 | | (0.1) In cases where the records concern a pending |
11 | | juvenile court case, the requesting party seeking to |
12 | | inspect the juvenile court records shall provide actual |
13 | | notice to the attorney or guardian ad litem of the minor |
14 | | whose records are sought. |
15 | | (0.2) In cases where the records concern a juvenile |
16 | | court case that is no longer pending, the requesting party |
17 | | seeking to inspect the juvenile court records shall provide |
18 | | actual notice to the minor or the minor's parent or legal |
19 | | guardian, and the matter shall be referred to the chief |
20 | | judge presiding over matters pursuant to this Act. |
21 | | (0.3) In determining whether records should be made |
22 | | available for inspection and whether inspection should be |
23 | | limited to certain parts of the file, the court shall |
24 | | consider the minor's interest in confidentiality and |
25 | | rehabilitation over the requesting party's interest in |
26 | | obtaining the information. The State's Attorney, the |
|
| | HB5304 | - 17 - | LRB100 19681 RLC 34955 b |
|
|
1 | | minor, and the minor's parents, guardian, and counsel shall |
2 | | at all times have the right to examine court files and |
3 | | records. |
4 | | (0.4) Any records obtained in violation of this Section |
5 | | shall not be admissible in any criminal or civil |
6 | | proceeding, or operate to disqualify a minor from |
7 | | subsequently holding public office, or operate as a |
8 | | forfeiture of any public benefit, right, privilege, or |
9 | | right to receive any license granted by public authority.
|
10 | | (D) Pending or following any adjudication of delinquency |
11 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
12 | | 12-13 through 12-16 of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012,
the victim of any such offense shall |
14 | | receive the
rights set out in Sections 4 and 6 of the Bill of
|
15 | | Rights for Victims and Witnesses of Violent Crime Act; and the
|
16 | | juvenile who is the subject of the adjudication, |
17 | | notwithstanding any other
provision of this Act, shall be |
18 | | treated
as an adult for the purpose of affording such rights to |
19 | | the victim.
|
20 | | (E) Nothing in this Section shall affect the right of a |
21 | | Civil Service
Commission or appointing authority of any state, |
22 | | county or municipality
examining the character and fitness of
|
23 | | an applicant for employment with a law enforcement
agency, |
24 | | correctional institution, or fire department to
ascertain
|
25 | | whether that applicant was ever adjudicated to be a delinquent |
26 | | minor and,
if so, to examine the records of disposition or |
|
| | HB5304 | - 18 - | LRB100 19681 RLC 34955 b |
|
|
1 | | evidence which were made in
proceedings under this Act.
|
2 | | (F) Following any adjudication of delinquency for a crime |
3 | | which would be
a felony if committed by an adult, or following |
4 | | any adjudication of delinquency
for a violation of Section |
5 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012, the State's Attorney shall ascertain
|
7 | | whether the minor respondent is enrolled in school and, if so, |
8 | | shall provide
a copy of the dispositional order to the |
9 | | principal or chief administrative
officer of the school. Access |
10 | | to such juvenile records shall be limited
to the principal or |
11 | | chief administrative officer of the school and any guidance
|
12 | | counselor designated by him.
|
13 | | (G) Nothing contained in this Act prevents the sharing or
|
14 | | disclosure of information or records relating or pertaining to |
15 | | juveniles
subject to the provisions of the Serious Habitual |
16 | | Offender Comprehensive
Action Program when that information is |
17 | | used to assist in the early
identification and treatment of |
18 | | habitual juvenile offenders.
|
19 | | (H) When a Court hearing a proceeding under Article II of |
20 | | this Act becomes
aware that an earlier proceeding under Article |
21 | | II had been heard in a different
county, that Court shall |
22 | | request, and the Court in which the earlier
proceedings were |
23 | | initiated shall transmit, an authenticated copy of the Court
|
24 | | record, including all documents, petitions, and orders filed |
25 | | therein and the
minute orders, transcript of proceedings, and |
26 | | docket entries of the Court.
|
|
| | HB5304 | - 19 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (I) The Clerk of the Circuit Court shall report to the |
2 | | Department of
State
Police, in the form and manner required by |
3 | | the Department of State Police, the
final disposition of each |
4 | | minor who has been arrested or taken into custody
before his or |
5 | | her 18th birthday for those offenses required to be reported
|
6 | | under Section 5 of the Criminal Identification Act. Information |
7 | | reported to
the Department under this Section may be maintained |
8 | | with records that the
Department files under Section 2.1 of the |
9 | | Criminal Identification Act.
|
10 | | (J) The changes made to this Section by Public Act 98-61 |
11 | | apply to law enforcement records of a minor who has been |
12 | | arrested or taken into custody on or after January 1, 2014 (the |
13 | | effective date of Public Act 98-61). |
14 | | (K) Willful violation of this Section is a Class C |
15 | | misdemeanor and each violation is subject to a fine of $1,000. |
16 | | This subsection (K) shall not apply to the person who is the |
17 | | subject of the record. |
18 | | (L) A person convicted of violating this Section is liable |
19 | | for damages in the amount of $1,000 or actual damages, |
20 | | whichever is greater. |
21 | | (Source: P.A. 100-285, eff. 1-1-18 .)
|
22 | | (705 ILCS 405/5-915)
|
23 | | Sec. 5-915. Expungement of juvenile law enforcement and |
24 | | court records.
|
25 | | (0.05) For purposes of this Section : |
|
| | HB5304 | - 20 - | LRB100 19681 RLC 34955 b |
|
|
1 | | "Dissemination" or "disseminate" means to publish, |
2 | | produce, print, manufacture, distribute, sell, lease, |
3 | | exhibit, broadcast, display, transmit, or otherwise share |
4 | | information in any format so as to make the information |
5 | | accessible to others. |
6 | | "Expunge" means to physically destroy the records and |
7 | | to obliterate the minor's name and juvenile court records |
8 | | from any official index, public record, or electronic |
9 | | database. No evidence of the juvenile court records may be |
10 | | retained by any law enforcement agency, the juvenile court, |
11 | | or by any municipal, county, or State agency or department. |
12 | | Nothing in this Act shall require the physical destruction |
13 | | of the internal office records, files, or databases |
14 | | maintained by a State's Attorney's Office or other |
15 | | prosecutor , public defender, probation officer, or by the |
16 | | Office of the Secretary of State. |
17 | | "Juvenile court record" includes, but is not limited |
18 | | to: |
19 | | (a) all documents filed in or maintained by the |
20 | | juvenile court pertaining to a specific incident, |
21 | | proceeding, or individual; |
22 | | (b) all documents relating to a specific incident, |
23 | | proceeding, or individual made available to or maintained |
24 | | by probation officers; |
25 | | (c) all documents, video or audio tapes, |
26 | | photographs, and exhibits admitted into evidence at |
|
| | HB5304 | - 21 - | LRB100 19681 RLC 34955 b |
|
|
1 | | juvenile court hearings; or |
2 | | (d) all documents, transcripts, records, reports |
3 | | or other evidence prepared by, maintained by, or released |
4 | | by any municipal, county, or State state agency or |
5 | | department, in any format, if indicating involvement with |
6 | | the juvenile court relating to a specific incident, |
7 | | proceeding, or individual. |
8 | | "Law enforcement record" includes , but is not limited |
9 | | to , records of arrest, station adjustments, fingerprints, |
10 | | probation adjustments, the issuance of a notice to appear, |
11 | | or any other records or documents maintained by any law |
12 | | enforcement agency relating to a minor suspected of |
13 | | committing an offense or evidence of interaction with law |
14 | | enforcement. |
15 | | (0.1) (a) The Department of State Police and all law |
16 | | enforcement agencies within the State shall automatically |
17 | | expunge, on or before January 1 of each year, all law |
18 | | enforcement records relating to events occurring before an |
19 | | individual's 18th birthday if: |
20 | | (1) one year or more has elapsed since the date of the |
21 | | arrest or law enforcement interaction documented in the |
22 | | records; |
23 | | (2) no petition for delinquency or criminal charges |
24 | | were filed with the clerk of the circuit court relating to |
25 | | the arrest or law enforcement interaction documented in the |
26 | | records; and |
|
| | HB5304 | - 22 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (3) 6 months have elapsed without an additional |
2 | | subsequent arrest or filing of a petition for delinquency |
3 | | or criminal charges whether related or not to the arrest or |
4 | | law enforcement interaction documented in the records. |
5 | | (b) If the law enforcement agency is unable to verify |
6 | | satisfaction of conditions (2) and (3) of this subsection |
7 | | (0.1), records that satisfy condition (1) of this subsection |
8 | | (0.1) shall be automatically expunged if the records relate to |
9 | | an offense that if committed by an adult would not be an |
10 | | offense classified as Class 2 felony or higher, an offense |
11 | | under Article 11 of the Criminal Code of 1961 or Criminal Code |
12 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, |
13 | | 12-15, or 12-16 of the Criminal Code of 1961. |
14 | | (0.2) (a) Upon dismissal of a petition alleging delinquency |
15 | | or upon a finding of not delinquent, the successful termination |
16 | | of an order of supervision, or the successful termination of an |
17 | | adjudication for an offense which would be a Class B |
18 | | misdemeanor, Class C misdemeanor, or a petty or business |
19 | | offense if committed by an adult, the court shall automatically |
20 | | order the expungement of the juvenile court and law enforcement |
21 | | records . The clerk shall deliver a certified copy of the |
22 | | expungement order to the Department of State Police and the |
23 | | arresting agency. Upon request, the State's Attorney shall |
24 | | furnish the name of the arresting agency. The expungement shall |
25 | | be completed within 60 business days of the entry of the |
26 | | expungement order . |
|
| | HB5304 | - 23 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (b) If the chief law enforcement officer of the agency, or |
2 | | his or her designee, certifies in writing that certain |
3 | | information is needed for a pending investigation involving the |
4 | | commission of a felony, that information, and information |
5 | | identifying the juvenile, may be retained in an intelligence |
6 | | file until the investigation is terminated or for one |
7 | | additional year, whichever is sooner. Retention of a portion of |
8 | | a juvenile's law enforcement record does not disqualify the |
9 | | remainder of his or her record from immediate automatic |
10 | | expungement. |
11 | | (0.3) (a) Upon an adjudication of delinquency based on any |
12 | | offense except a disqualified offense, the juvenile court shall |
13 | | automatically order the expungement of the juvenile court and |
14 | | law enforcement records 2 years after the juvenile's case was |
15 | | closed if no delinquency or criminal proceeding is pending and |
16 | | the person has had no subsequent delinquency adjudication or |
17 | | criminal conviction. The clerk shall deliver a certified copy |
18 | | of the expungement order to the Department of State Police and |
19 | | the arresting agency. Upon request, the State's Attorney shall |
20 | | furnish the name of the arresting agency. The expungement shall |
21 | | be completed within 60 business days of the entry of the |
22 | | expungement order The court shall automatically order the |
23 | | expungement of the juvenile court and law enforcement records |
24 | | within 60 business days . For the purposes of this subsection |
25 | | (0.3), "disqualified offense" means any of the following |
26 | | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
|
| | HB5304 | - 24 - | LRB100 19681 RLC 34955 b |
|
|
1 | | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, |
2 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, |
3 | | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, |
4 | | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, |
5 | | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, |
6 | | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, |
7 | | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or |
8 | | subsection (b) of Section 8-1, paragraph (4) of subsection (a) |
9 | | of Section 11-14.4, subsection (a-5) of Section 12-3.1, |
10 | | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
11 | | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or |
12 | | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of |
13 | | paragraph (1) of subsection (a) of Section 12-9, subparagraph |
14 | | (H) of paragraph (3) of subsection (a) of Section 24-1.6, |
15 | | paragraph (1) of subsection (a) of Section 25-1, or subsection |
16 | | (a-7) of Section 31-1 of the Criminal Code of 2012. |
17 | | (b) If the chief law enforcement officer of the agency, or |
18 | | his or her designee, certifies in writing that certain |
19 | | information is needed for a pending investigation involving the |
20 | | commission of a felony, that information, and information |
21 | | identifying the juvenile, may be retained in an intelligence |
22 | | file until the investigation is terminated or for one |
23 | | additional year, whichever is sooner. Retention of a portion of |
24 | | a juvenile's law enforcement record does not disqualify the |
25 | | remainder of his or her record from immediate automatic |
26 | | expungement. |
|
| | HB5304 | - 25 - | LRB100 19681 RLC 34955 b |
|
|
1 | | (1) Nothing in this subsection (1) precludes an eligible |
2 | | minor from obtaining expungement under subsection subsections |
3 | | (0.1), (0.2), or (0.3). Whenever a person has been arrested, |
4 | | charged, or adjudicated delinquent for an incident occurring |
5 | | before his or her 18th birthday that if committed by an adult |
6 | | would be an offense, and that person's records are not eligible |
7 | | for automatic expungement under subsection subsections (0.1), |
8 | | (0.2), or (0.3), the
person may petition the court at any time |
9 | | for expungement of law
enforcement records and juvenile court |
10 | | records relating to the incident and, upon termination of all |
11 | | juvenile
court proceedings relating to that incident, the court |
12 | | shall order the expungement of all records in the possession of |
13 | | the Department of State Police, the clerk of the circuit court, |
14 | | and law enforcement agencies relating to the incident, but only |
15 | | in any of the following circumstances:
|
16 | | (a) the minor was arrested and no petition for |
17 | | delinquency was filed with
the clerk of the circuit court; |
18 | | (a-5) the minor was charged with an offense and the |
19 | | petition or petitions were dismissed without a finding of |
20 | | delinquency;
|
21 | | (b) the minor was charged with an offense and was found |
22 | | not delinquent of
that offense;
|
23 | | (c) the minor was placed under supervision pursuant to |
24 | | Section 5-615, and
the order of
supervision has since been |
25 | | successfully terminated; or
|
26 | | (d)
the minor was adjudicated for an offense which |
|
| | HB5304 | - 26 - | LRB100 19681 RLC 34955 b |
|
|
1 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
2 | | petty or business offense if committed by an adult.
|
3 | | (1.5) January 1, 2015 (Public Act 98-637) The Department of |
4 | | State Police shall allow a person to use the Access and Review |
5 | | process, established in the Department of State Police, for |
6 | | verifying that his or her law enforcement records relating to |
7 | | incidents occurring before his or her 18th birthday eligible |
8 | | under this Act have been expunged . |
9 | | (1.6) (Blank). January 1, 2015 (Public Act 98-637) January |
10 | | 1, 2015 (Public Act 98-637) |
11 | | (1.7) (Blank). |
12 | | (1.8) (Blank). |
13 | | (2) Any person whose delinquency adjudications are not |
14 | | eligible for automatic expungement under subsection (0.3) of |
15 | | this Section may petition the court to expunge all law |
16 | | enforcement records
relating to any
incidents occurring before |
17 | | his or her 18th birthday which did not result in
proceedings in |
18 | | criminal court and all juvenile court records with respect to
|
19 | | any adjudications except those based upon first degree
murder |
20 | | or an offense under Article 11 of the Criminal Code of 2012 if |
21 | | the person is required to register under the Sex Offender |
22 | | Registration Act; provided that:
|
23 | | (a) (blank); or
|
24 | | (b) 2 years have elapsed since all juvenile court |
25 | | proceedings relating to
him or her have been terminated and |
26 | | his or her commitment to the Department of
Juvenile Justice
|
|
| | HB5304 | - 27 - | LRB100 19681 RLC 34955 b |
|
|
1 | | under this Act has been terminated.
|
2 | | (2.5) If a minor is arrested and no petition for |
3 | | delinquency is filed with the clerk of the circuit court at the |
4 | | time the minor is released from custody, the youth officer, if |
5 | | applicable, or other designated person from the arresting |
6 | | agency, shall notify verbally and in writing to the minor or |
7 | | the minor's parents or guardians that the minor shall have an |
8 | | arrest record and shall provide the minor and the minor's |
9 | | parents or guardians with an expungement information packet, |
10 | | information regarding this State's expungement laws including |
11 | | a petition to expunge juvenile records obtained from the clerk |
12 | | of the circuit court. |
13 | | (2.6) If a minor is referred to court then at the time of |
14 | | sentencing or dismissal of the case, or successful completion |
15 | | of supervision, the judge shall inform the delinquent minor of |
16 | | his or her rights regarding expungement and the clerk of the |
17 | | circuit court shall provide an expungement information packet |
18 | | to the minor, written in plain language, including information |
19 | | regarding this State's expungement laws and a petition for |
20 | | expungement, a sample of a completed petition, expungement |
21 | | instructions that shall include information informing the |
22 | | minor that (i) once the case is expunged, it shall be treated |
23 | | as if it never occurred, (ii) he or she may apply to have |
24 | | petition fees waived, (iii) once he or she obtains an |
25 | | expungement, he or she may not be required to disclose that he |
26 | | or she had a juvenile record, and (iv) if petitioning he or she |
|
| | HB5304 | - 28 - | LRB100 19681 RLC 34955 b |
|
|
1 | | may file the petition on his or her own or with the assistance |
2 | | of an attorney. The failure of the judge to inform the |
3 | | delinquent minor of his or her right to petition for |
4 | | expungement as provided by law does not create a substantive |
5 | | right, nor is that failure grounds for: (i) a reversal of an |
6 | | adjudication of delinquency, (ii) a new trial; or (iii) an |
7 | | appeal. |
8 | | (2.7) (Blank). |
9 | | (2.8) The petition for expungement for subsection (1) and |
10 | | (2) may include multiple offenses on the same petition and |
11 | | shall be substantially in the following form: |
12 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
|
13 | | ........ JUDICIAL CIRCUIT
|
14 | | IN THE INTEREST OF ) NO.
|
15 | | )
|
16 | | )
|
17 | | ...................)
|
18 | | (Name of Petitioner) |
19 | | PETITION TO EXPUNGE JUVENILE RECORDS |
20 | | (705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) |
21 | | Now comes ............., petitioner, and respectfully requests
|
22 | | that this Honorable Court enter an order expunging all juvenile |
23 | | law enforcement and court records of petitioner and in support |
24 | | thereof states that:
Petitioner was arrested on ..... by the |
|
| | HB5304 | - 29 - | LRB100 19681 RLC 34955 b |
|
|
1 | | ....... Police Department for the offense or offenses of |
2 | | ......., and:
|
3 | | (Check All That Apply:)
|
4 | | ( ) a. no petition or petitions were filed with the Clerk of |
5 | | the Circuit Court. |
6 | | ( ) b. was charged with ...... and was found not delinquent
of |
7 | | the offense or offenses. |
8 | | ( ) c. a petition or petitions were filed and the petition or |
9 | | petitions were dismissed without a finding of delinquency on |
10 | | ..... |
11 | | ( ) d. on ....... placed under supervision pursuant to Section |
12 | | 5-615 of the Juvenile Court Act of 1987 and such order of |
13 | | supervision successfully terminated on ........ |
14 | | ( ) e. was adjudicated for the offense or offenses, which would |
15 | | have been a Class B misdemeanor, a Class C misdemeanor, or a |
16 | | petty offense or business offense if committed by an adult. |
17 | | ( ) f. was adjudicated for a Class A misdemeanor or felony, |
18 | | except first degree murder or an offense under Article 11 of |
19 | | the Criminal Code of 2012 if the person is required to register |
20 | | under the Sex Offender Registration Act, and 2 years have |
21 | | passed since the case was closed.
|
22 | | Petitioner .... has .... has not been arrested on charges in |
23 | | this or any county other than the charges listed above. If |
24 | | petitioner has been arrested on additional charges, please list |
25 | | the charges below:
|
26 | | Charge(s): ...... |
|
| | HB5304 | - 30 - | LRB100 19681 RLC 34955 b |
|
|
1 | | Arresting Agency or Agencies: ........... |
2 | | Disposition/Result: (choose from a. through f., above): .....
|
3 | | WHEREFORE, the petitioner respectfully requests this Honorable |
4 | | Court to (1) order all law enforcement agencies to expunge all |
5 | | records of petitioner to this incident or incidents, and (2) to |
6 | | order the Clerk of the Court to expunge all records concerning |
7 | | the petitioner regarding this incident or incidents. |
8 | | ......................
|
9 | | Petitioner (Signature)
|
10 | | ..........................
|
11 | | Petitioner's Street Address
|
12 | | .....................
|
13 | | City, State, Zip Code
|
14 | | .............................
|
15 | | Petitioner's Telephone Number
|
16 | | Pursuant to the penalties of perjury under the Code of Civil |
17 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the |
18 | | statements in this petition are true and correct, or on |
19 | | information and belief I believe the same to be true. |
20 | | ......................
|
|
| | HB5304 | - 31 - | LRB100 19681 RLC 34955 b |
|
|
1 | | Petitioner (Signature)
|
2 | | first degree |
3 | | (3) The chief judge of the circuit in which an arrest was |
4 | | made or a charge
was brought or any
judge of that circuit |
5 | | designated by the chief judge
may, upon verified petition
of a |
6 | | person who is the subject of an arrest or a juvenile court |
7 | | proceeding
under subsection (1) or (2) of this Section, order |
8 | | the law enforcement
records or official court file, or both, to |
9 | | be expunged from the official
records of the arresting |
10 | | authority, the clerk of the circuit court and the
Department of |
11 | | State Police. The person whose records are to be expunged shall |
12 | | petition the court using the appropriate form containing his or |
13 | | her current address and shall promptly notify the clerk of the |
14 | | circuit court of any change of address. Notice
of the petition |
15 | | shall be served upon the State's Attorney or prosecutor charged |
16 | | with the duty of prosecuting the offense, the Department of |
17 | | State Police, and the arresting agency or agencies by the clerk |
18 | | of the circuit court. If an objection is filed within 45
days |
19 | | of the notice of the petition, the clerk of the circuit court |
20 | | shall set a date for hearing after the 45-day objection period. |
21 | | At the hearing the court shall hear evidence on whether the |
22 | | expungement should or should not be granted. Unless the State's |
23 | | Attorney or prosecutor, the Department of State Police, or an |
24 | | arresting agency objects to the expungement within 45
days of |
25 | | the notice, the court may enter an order granting expungement. |
26 | | The clerk shall forward a certified copy of the order to the |
|
| | HB5304 | - 33 - | LRB100 19681 RLC 34955 b |
|
|
1 | | .....................
|
2 | | ATTENTION: Expungement
|
3 | | You are hereby notified that on ....., at ....., in courtroom |
4 | | ..., located at ..., before the Honorable ..., Judge, or any |
5 | | judge sitting in his/her stead, I shall then and there present |
6 | | a Petition to Expunge Juvenile records in the above-entitled |
7 | | matter, at which time and place you may appear. |
8 | | ......................
|
9 | | Petitioner's Signature
|
10 | | ...........................
|
11 | | Petitioner's Street Address
|
12 | | .....................
|
13 | | City, State, Zip Code
|
14 | | .............................
|
15 | | Petitioner's Telephone Number
|
16 | | PROOF OF SERVICE
|
17 | | On the ....... day of ......, 20..., I on oath state that I |
18 | | served this notice and true and correct copies of the |
19 | | above-checked documents by: |
20 | | (Check One:) |
21 | | delivering copies personally to each entity to whom they are |
22 | | directed; |
23 | | or |
24 | | by mailing copies to each entity to whom they are directed by |
25 | | depositing the same in the U.S. Mail, proper postage fully |
26 | | prepaid, before the hour of 5:00 p.m., at the United States |
|
| | HB5304 | - 34 - | LRB100 19681 RLC 34955 b |
|
|
1 | | Postal Depository located at ................. |
2 | | .........................................
|
3 | |
|
4 | | Signature |
5 | | Clerk of the Circuit Court or Deputy Clerk
|
6 | | Printed Name of Delinquent Minor/Petitioner: .... |
7 | | Address: ........................................ |
8 | | Telephone Number: ............................... |
9 | | (3.2) The Order of Expungement shall be in substantially |
10 | | the following form: |
11 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
12 | | .... JUDICIAL CIRCUIT
|
13 | | IN THE INTEREST OF ) NO.
|
14 | | )
|
15 | | )
|
16 | | ...................)
|
17 | | (Name of Petitioner)
|
18 | | DOB ................ |
19 | | Arresting Agency/Agencies ...... |
20 | | ORDER OF EXPUNGEMENT
|
21 | | (705 ILCS 405/5-915 (SUBSECTION 3))
|
22 | | This matter having been heard on the petitioner's motion and |
23 | | the court being fully advised in the premises does find that |
24 | | the petitioner is indigent or has presented reasonable cause to |
|
| | HB5304 | - 35 - | LRB100 19681 RLC 34955 b |
|
|
1 | | waive all costs in this matter, IT IS HEREBY ORDERED that: |
2 | | ( ) 1. Clerk of Court and Department of State Police costs |
3 | | are hereby waived in this matter. |
4 | | ( ) 2. The Illinois State Police Bureau of Identification |
5 | | and the following law enforcement agencies expunge all records |
6 | | of petitioner relating to an arrest dated ...... for the |
7 | | offense of ...... |
8 | | Law Enforcement Agencies:
|
9 | | .........................
|
10 | | .........................
|
11 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
12 | | Court expunge all records regarding the above-captioned case. |
13 | | ENTER: ......................
|
14 | |
|
15 | | JUDGE |
16 | | DATED: ....... |
17 | | Name:
|
18 | | Attorney for:
|
19 | | Address:
City/State/Zip:
|
20 | | Attorney Number: |
21 | | (3.3) The Notice of Objection shall be in substantially the |
22 | | following form: |
23 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
24 | | ....................... JUDICIAL CIRCUIT
|
25 | | IN THE INTEREST OF ) NO.
|
|
| | HB5304 | - 36 - | LRB100 19681 RLC 34955 b |
|
|
1 | | )
|
2 | | )
|
3 | | ...................)
|
4 | | (Name of Petitioner) |
5 | | NOTICE OF OBJECTION
|
6 | | TO:(Attorney, Public Defender, Minor)
|
7 | | .................................
|
8 | | .................................
|
9 | | TO:(Illinois State Police)
|
10 | | .................................
|
11 | | ................................. |
12 | | TO:(Clerk of the Court)
|
13 | | .................................
|
14 | | .................................
|
15 | | TO:(Judge)
|
16 | | .................................
|
17 | | .................................
|
18 | | TO:(Arresting Agency/Agencies)
|
19 | | .................................
|
20 | | ................................. |
21 | | ATTENTION:
You are hereby notified that an objection has been |
22 | | filed by the following entity regarding the above-named minor's |
23 | | petition for expungement of juvenile records: |
24 | | ( ) State's Attorney's Office;
|
25 | | ( ) Prosecutor (other than State's Attorney's Office) charged |
|
| | HB5304 | - 37 - | LRB100 19681 RLC 34955 b |
|
|
1 | | with the duty of prosecuting the offense sought to be expunged;
|
2 | | ( ) Department of Illinois State Police; or
|
3 | | ( ) Arresting Agency or Agencies.
|
4 | | The agency checked above respectfully requests that this case |
5 | | be continued and set for hearing on whether the expungement |
6 | | should or should not be granted.
|
7 | | DATED: ....... |
8 | | Name: |
9 | | Attorney For:
|
10 | | Address: |
11 | | City/State/Zip:
|
12 | | Telephone:
|
13 | | Attorney No.:
|
14 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
15 | | This matter has been set for hearing on the foregoing |
16 | | objection, on ...... in room ...., located at ....., before the |
17 | | Honorable ....., Judge, or any judge sitting in his/her stead.
|
18 | | (Only one hearing shall be set, regardless of the number of |
19 | | Notices of Objection received on the same case).
|
20 | | A copy of this completed Notice of Objection containing the |
21 | | court date, time, and location, has been sent via regular U.S. |
22 | | Mail to the following entities. (If more than one Notice of |
23 | | Objection is received on the same case, each one must be |
24 | | completed with the court date, time and location and mailed to |
25 | | the following entities):
|
26 | | ( ) Attorney, Public Defender or Minor;
|
|
| | HB5304 | - 38 - | LRB100 19681 RLC 34955 b |
|
|
1 | | ( ) State's Attorney's Office; |
2 | | ( ) Prosecutor (other than State's Attorney's Office) charged |
3 | | with the duty of prosecuting the offense sought to be expunged; |
4 | | ( ) Department of Illinois State Police; and |
5 | | ( ) Arresting agency or agencies.
|
6 | | Date: ...... |
7 | | Initials of Clerk completing this section: .....
|
8 | | (4)(a) Upon entry of an order expunging records or files, |
9 | | the offense, which
the records or files concern shall be |
10 | | treated as if it never occurred. Law
enforcement officers and |
11 | | other public offices and agencies shall properly reply
on |
12 | | inquiry that no record or file exists with respect to the
|
13 | | person.
|
14 | | (a-5) Local law enforcement agencies shall send written |
15 | | notice to the minor of the expungement of any records within 60 |
16 | | days of automatic expungement or the date of service of an |
17 | | expungement order, whichever applies. If a minor's court file |
18 | | has been expunged, the clerk of the circuit court shall send |
19 | | written notice to the minor of the expungement of any records |
20 | | within 60 days of automatic expungement or the date of service |
21 | | of an expungement order, whichever applies. |
22 | | (b) Except with respect to authorized military personnel, |
23 | | an expunged juvenile record may not be considered by any |
24 | | private or public entity in employment matters, certification, |
25 | | licensing, revocation of certification or licensure, or |
26 | | registration. Applications for employment within the State |
|
| | HB5304 | - 39 - | LRB100 19681 RLC 34955 b |
|
|
1 | | must contain specific language that states that the applicant |
2 | | is not obligated to disclose expunged juvenile records of |
3 | | adjudication or arrest. Employers may not ask, in any format or |
4 | | context, if an applicant has had a juvenile record expunged. |
5 | | Information about an expunged record obtained by a potential |
6 | | employer, even inadvertently, from an employment application |
7 | | that does not contain specific language that states that the |
8 | | applicant is not obligated to disclose expunged juvenile |
9 | | records of adjudication or arrest, shall be treated as |
10 | | dissemination of an expunged record by the employer. |
11 | | (c) A person whose juvenile records have been expunged is |
12 | | not entitled to remission of any fines, costs, or other money |
13 | | paid as a consequence of expungement. |
14 | | (5) (Blank). ,
|
15 | | (5.5) Whether or not expunged, records eligible for |
16 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
17 | | (0.3)(a) may be treated as expunged by the individual subject |
18 | | to the records. |
19 | | (6) Nothing in this Section shall be construed to prohibit |
20 | | the maintenance
of information relating to an offense after |
21 | | records or files concerning the
offense have been expunged if |
22 | | the information is kept in a manner that does not
enable |
23 | | identification of the individual. This information may only be |
24 | | used for anonymous
statistical and bona fide research purposes. |
25 | | (6.5) The Department of State Police or any employee of the |
26 | | Department shall be immune from civil or criminal liability for |
|
| | HB5304 | - 40 - | LRB100 19681 RLC 34955 b |
|
|
1 | | failure to expunge any records of arrest that are subject to |
2 | | expungement under this Section because of inability to verify a |
3 | | record. Nothing in this Section shall create Department of |
4 | | State Police liability or responsibility for the expungement of |
5 | | law enforcement records it does not possess. |
6 | | (7)(a) The State Appellate Defender shall establish, |
7 | | maintain, and carry out, by December 31, 2004, a juvenile |
8 | | expungement program
to provide information and assistance to |
9 | | minors eligible to have their juvenile records expunged.
|
10 | | (b) The State Appellate Defender shall develop brochures, |
11 | | pamphlets, and
other
materials in
printed form and through the |
12 | | agency's World Wide Web site. The pamphlets and
other materials |
13 | | shall
include at a minimum the following information:
|
14 | | (i) An explanation of the State's juvenile expungement |
15 | | laws, including both automatic expungement and expungement |
16 | | by petition; |
17 | | (ii) The circumstances under which juvenile |
18 | | expungement may occur; |
19 | | (iii) The juvenile offenses that may be expunged; |
20 | | (iv) The steps necessary to initiate and complete the |
21 | | juvenile expungement process;
and |
22 | | (v) Directions on how to contact the State Appellate |
23 | | Defender. |
24 | | (c) The State Appellate Defender shall establish and |
25 | | maintain a statewide
toll-free telephone
number that a person |
26 | | may use to receive information or assistance concerning
the |
|
| | HB5304 | - 41 - | LRB100 19681 RLC 34955 b |
|
|
1 | | expungement of juvenile records. The State Appellate
Defender |
2 | | shall advertise
the toll-free telephone number statewide. The |
3 | | State Appellate Defender shall
develop an expungement
|
4 | | information packet that may be sent to eligible persons seeking |
5 | | expungement of
their juvenile records,
which may include, but |
6 | | is not limited to, a pre-printed expungement petition
with |
7 | | instructions on how
to complete the petition and a pamphlet |
8 | | containing information that would
assist individuals through
|
9 | | the juvenile expungement process. |
10 | | (d) The State Appellate Defender shall compile a statewide |
11 | | list of volunteer
attorneys willing
to assist eligible |
12 | | individuals through the juvenile expungement process. |
13 | | (e) This Section shall be implemented from funds |
14 | | appropriated by the General
Assembly to the State
Appellate |
15 | | Defender
for this purpose. The State Appellate Defender shall |
16 | | employ the necessary staff
and adopt the
necessary rules for |
17 | | implementation of this Section. |
18 | | (7.5) (a) Willful dissemination of any information |
19 | | contained in an expunged record shall be treated as a Class C |
20 | | misdemeanor and punishable by a fine of $1,000 per violation. |
21 | | (b) Willful dissemination for financial gain of any |
22 | | information contained in an expunged record shall be treated as |
23 | | a Class 4 felony. Dissemination for financial gain by an |
24 | | employee of any municipal, county, or State agency, including |
25 | | law enforcement, shall result in immediate termination. |
26 | | (c) The person whose record was expunged has a right of |
|
| | HB5304 | - 42 - | LRB100 19681 RLC 34955 b |
|
|
1 | | action against any person who intentionally disseminates an |
2 | | expunged record. In the proceeding, punitive damages up to an |
3 | | amount of $1,000 may be sought in addition to any actual |
4 | | damages. The prevailing party shall be entitled to costs and |
5 | | reasonable attorney fees. |
6 | | (d) The punishments for dissemination of an expunged record |
7 | | shall never apply to the person whose record was expunged. |
8 | | (8)(a) An expunged juvenile record may not be considered by |
9 | | any private or public entity in employment matters, |
10 | | certification, licensing, revocation of certification or |
11 | | licensure, or registration. Applications for employment must |
12 | | contain specific language that states that the applicant is not |
13 | | obligated to disclose expunged juvenile records of |
14 | | adjudication, conviction, or arrest. Employers may not ask if |
15 | | an applicant has had a juvenile record expunged. Effective |
16 | | January 1, 2005, the Department of Labor shall develop a link |
17 | | on the Department's website to inform employers that employers |
18 | | may not ask if an applicant had a juvenile record expunged and |
19 | | that application for employment must contain specific language |
20 | | that states that the applicant is not obligated to disclose |
21 | | expunged juvenile records of adjudication, arrest, or |
22 | | conviction. |
23 | | (b) (Blank). Public Act 93-912 |
24 | | (c) The expungement of juvenile records under subsection |
25 | | subsections 0.1, 0.2, or 0.3 of this Section shall be funded by |
26 | | the additional fine imposed under Section 5-9-1.17 of the |