101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4294

 

Introduced 1/28/2020, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-8  from Ch. 37, par. 801-8

    Amends the Juvenile Court Act of 1987. Provides that juvenile court records and files in the reviewing courts that have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. Provides that sealed juvenile court records may be obtained when their use is needed for good cause and with an order from the reviewing court. Provides that in cases where the records concern an appeal of a juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.


LRB101 14523 RLC 63420 b

 

 

A BILL FOR

 

HB4294LRB101 14523 RLC 63420 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 1-8 as follows:
 
6    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
7    Sec. 1-8. Confidentiality and accessibility of juvenile
8court records.
9    (A) A juvenile adjudication shall never be considered a
10conviction nor shall an adjudicated individual be considered a
11criminal. Unless expressly allowed by law, a juvenile
12adjudication shall not operate to impose upon the individual
13any of the civil disabilities ordinarily imposed by or
14resulting from conviction. Unless expressly allowed by law,
15adjudications shall not prejudice or disqualify the individual
16in any civil service application or appointment, from holding
17public office, or from receiving any license granted by public
18authority. All juvenile court records, including records and
19files in the reviewing courts, which have not been expunged are
20sealed and may never be disclosed to the general public or
21otherwise made widely available. Sealed juvenile court records
22may be obtained only under this Section and Section 1-7 and
23Part 9 of Article V of this Act, when their use is needed for

 

 

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1good cause and with an order from the juvenile court or
2reviewing court. Inspection and copying of juvenile court
3records relating to a minor who is the subject of a proceeding
4under this Act shall be restricted to the following:
5        (1) The minor who is the subject of record, his or her
6    parents, guardian, and counsel.
7        (2) Law enforcement officers and law enforcement
8    agencies when such information is essential to executing an
9    arrest or search warrant or other compulsory process, or to
10    conducting an ongoing investigation or relating to a minor
11    who has been adjudicated delinquent and there has been a
12    previous finding that the act which constitutes the
13    previous offense was committed in furtherance of criminal
14    activities by a criminal street gang.
15        Before July 1, 1994, for the purposes of this Section,
16    "criminal street gang" means any ongoing organization,
17    association, or group of 3 or more persons, whether formal
18    or informal, having as one of its primary activities the
19    commission of one or more criminal acts and that has a
20    common name or common identifying sign, symbol or specific
21    color apparel displayed, and whose members individually or
22    collectively engage in or have engaged in a pattern of
23    criminal activity.
24        Beginning July 1, 1994, for purposes of this Section,
25    "criminal street gang" has the meaning ascribed to it in
26    Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

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1    Prevention Act.
2        (3) Judges, hearing officers, prosecutors, public
3    defenders, probation officers, social workers, or other
4    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 under
8    the order of the juvenile court when essential to
9    performing their responsibilities.
10        (4) Judges, federal, State, and local prosecutors,
11    public defenders, probation officers, and designated
12    staff:
13            (a) in the course of a trial when institution of
14        criminal proceedings has been permitted or required
15        under Section 5-805;
16            (b) when criminal proceedings have been permitted
17        or required under Section 5-805 and a minor is the
18        subject of a proceeding to determine the amount of
19        bail;
20            (c) when criminal proceedings have been permitted
21        or required under Section 5-805 and a minor is the
22        subject of a pre-trial investigation, pre-sentence
23        investigation or fitness hearing, or proceedings on an
24        application for probation; or
25            (d) when a minor becomes 18 years of age or older,
26        and is the subject of criminal proceedings, including a

 

 

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1        hearing to determine the amount of bail, a pre-trial
2        investigation, a pre-sentence investigation, a fitness
3        hearing, or proceedings on an application for
4        probation.
5        (5) Adult and Juvenile Prisoner Review Boards.
6        (6) Authorized military personnel.
7        (6.5) Employees of the federal government authorized
8    by law.
9        (7) Victims, their subrogees and legal
10    representatives; however, such persons shall have access
11    only to the name and address of the minor and information
12    pertaining to the disposition or alternative adjustment
13    plan of the juvenile court.
14        (8) 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 agency that prepared the
17    particular records; provided that publication of such
18    research results in no disclosure of a minor's identity and
19    protects the confidentiality of the record.
20        (9) The Secretary of State to whom the Clerk of the
21    Court shall report the disposition of all cases, as
22    required in Section 6-204 of the Illinois Vehicle Code.
23    However, information reported relative to these offenses
24    shall be privileged and available only to the Secretary of
25    State, courts, and police officers.
26        (10) The administrator of a bonafide substance abuse

 

 

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1    student assistance program with the permission of the
2    presiding judge of the juvenile court.
3        (11) Mental health professionals on behalf of the
4    Department of Corrections or the Department of Human
5    Services or prosecutors who are evaluating, prosecuting,
6    or investigating a potential or actual petition brought
7    under the Sexually Violent Persons Commitment Act relating
8    to a person who is the subject of juvenile court records or
9    the respondent to a petition brought under the Sexually
10    Violent Persons Commitment Act, who is the subject of
11    juvenile court records sought. Any records and any
12    information obtained from those records under this
13    paragraph (11) may be used only in sexually violent persons
14    commitment proceedings.
15        (12) Collection agencies, contracted or otherwise
16    engaged by a governmental entity, to collect any debts due
17    and owing to the governmental entity.
18    (A-1) Findings and exclusions of paternity entered in
19proceedings occurring under Article II of this Act shall be
20disclosed, in a manner and form approved by the Presiding Judge
21of the Juvenile Court, to the Department of Healthcare and
22Family Services when necessary to discharge the duties of the
23Department of Healthcare and Family Services under Article X of
24the Illinois Public Aid Code.
25    (B) A minor who is the victim in a juvenile proceeding
26shall be provided the same confidentiality regarding

 

 

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1disclosure of identity as the minor who is the subject of
2record.
3    (C)(0.1) In cases where the records concern a pending
4juvenile court case or appeal, the requesting party seeking to
5inspect the juvenile court records shall provide actual notice
6to the attorney or guardian ad litem of the minor whose records
7are sought.
8    (0.2) In cases where the juvenile court records concern a
9juvenile court case that is no longer pending, the requesting
10party seeking to inspect the juvenile court records shall
11provide actual notice to the minor or the minor's parent or
12legal guardian, and the matter shall be referred to the chief
13judge presiding over matters pursuant to this Act.
14    (0.3) In determining whether juvenile court records should
15be made available for inspection and whether inspection should
16be limited to certain parts of the file, the court shall
17consider the minor's interest in confidentiality and
18rehabilitation over the requesting party's interest in
19obtaining the information. The State's Attorney, the minor, and
20the minor's parents, guardian, and counsel shall at all times
21have the right to examine court files and records.
22    (0.4) Any records obtained in violation of this Section
23shall not be admissible in any criminal or civil proceeding, or
24operate to disqualify a minor from subsequently holding public
25office, or operate as a forfeiture of any public benefit,
26right, privilege, or right to receive any license granted by

 

 

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1public authority.
2    (D) Pending or following any adjudication of delinquency
3for any offense defined in Sections 11-1.20 through 11-1.60 or
412-13 through 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the victim of any such offense shall
6receive the rights set out in Sections 4 and 6 of the Bill of
7Rights for Victims and Witnesses of Violent Crime Act; and the
8juvenile who is the subject of the adjudication,
9notwithstanding any other provision of this Act, shall be
10treated as an adult for the purpose of affording such rights to
11the victim.
12    (E) Nothing in this Section shall affect the right of a
13Civil Service Commission or appointing authority of the federal
14government, or any state, county, or municipality examining the
15character and fitness of an applicant for employment with a law
16enforcement agency, correctional institution, or fire
17department to ascertain whether that applicant was ever
18adjudicated to be a delinquent minor and, if so, to examine the
19records of disposition or evidence which were made in
20proceedings under this Act.
21    (F) Following any adjudication of delinquency for a crime
22which would be a felony if committed by an adult, or following
23any adjudication of delinquency for a violation of Section
2424-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
25Criminal Code of 2012, the State's Attorney shall ascertain
26whether the minor respondent is enrolled in school and, if so,

 

 

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1shall provide a copy of the dispositional order to the
2principal or chief administrative officer of the school. Access
3to the dispositional order shall be limited to the principal or
4chief administrative officer of the school and any guidance
5counselor designated by him or her.
6    (G) Nothing contained in this Act prevents the sharing or
7disclosure of information or records relating or pertaining to
8juveniles subject to the provisions of the Serious Habitual
9Offender Comprehensive Action Program when that information is
10used to assist in the early identification and treatment of
11habitual juvenile offenders.
12    (H) When a court hearing a proceeding under Article II of
13this Act becomes aware that an earlier proceeding under Article
14II had been heard in a different county, that court shall
15request, and the court in which the earlier proceedings were
16initiated shall transmit, an authenticated copy of the juvenile
17court record, including all documents, petitions, and orders
18filed and the minute orders, transcript of proceedings, and
19docket entries of the court.
20    (I) The Clerk of the Circuit Court shall report to the
21Department of State Police, in the form and manner required by
22the Department of State Police, the final disposition of each
23minor who has been arrested or taken into custody before his or
24her 18th birthday for those offenses required to be reported
25under Section 5 of the Criminal Identification Act. Information
26reported to the Department under this Section may be maintained

 

 

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1with records that the Department files under Section 2.1 of the
2Criminal Identification Act.
3    (J) The changes made to this Section by Public Act 98-61
4apply to juvenile law enforcement records of a minor who has
5been arrested or taken into custody on or after January 1, 2014
6(the effective date of Public Act 98-61).
7    (K) Willful violation of this Section is a Class C
8misdemeanor and each violation is subject to a fine of $1,000.
9This subsection (K) shall not apply to the person who is the
10subject of the record.
11    (L) A person convicted of violating this Section is liable
12for damages in the amount of $1,000 or actual damages,
13whichever is greater.
14(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
15100-1162, eff. 12-20-18.)