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1 | AN ACT in relation to arson.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||||
5 | Arsonist Registration Act. | ||||||||||||||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||||||||||||||
7 | (a) "Arsonist" means any person who is: | ||||||||||||||||||||||||||||||||||||
8 |
(1) charged under Illinois law, or any
substantially | ||||||||||||||||||||||||||||||||||||
9 | similar federal, Uniform Code of Military Justice, sister | ||||||||||||||||||||||||||||||||||||
10 | state, or foreign country law, with an arson offense, set | ||||||||||||||||||||||||||||||||||||
11 | forth in subsection (b) of this Section or the attempt to | ||||||||||||||||||||||||||||||||||||
12 | commit an included arson offense, and:
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13 | (i) is convicted of such offense or an attempt
to | ||||||||||||||||||||||||||||||||||||
14 | commit such offense; or
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15 | (ii) is found not guilty by reason of insanity of
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16 | such offense or an attempt to commit such offense; or
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17 | (iii) is found not guilty by reason of insanity
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18 | under subsection (c) of Section 104-25 of the Code of | ||||||||||||||||||||||||||||||||||||
19 | Criminal Procedure of 1963 of such offense or an | ||||||||||||||||||||||||||||||||||||
20 | attempt to commit such offense; or
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21 | (iv) is the subject of a finding not resulting in
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22 | an acquittal at a hearing conducted under subsection | ||||||||||||||||||||||||||||||||||||
23 | (a) of Section 104-25 of the Code of Criminal Procedure | ||||||||||||||||||||||||||||||||||||
24 | of 1963 for the alleged commission or attempted | ||||||||||||||||||||||||||||||||||||
25 | commission of such offense; or
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26 | (v) is found not guilty by reason of insanity
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27 | following a hearing conducted under a federal, Uniform | ||||||||||||||||||||||||||||||||||||
28 | Code of Military Justice, sister state, or foreign | ||||||||||||||||||||||||||||||||||||
29 | country law substantially similar to subsection (c) of | ||||||||||||||||||||||||||||||||||||
30 | Section 104-25 of the Code of Criminal Procedure of | ||||||||||||||||||||||||||||||||||||
31 | 1963 of such offense or of the attempted commission of | ||||||||||||||||||||||||||||||||||||
32 | such offense; or
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1 | (vi) is the subject of a finding not resulting in
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2 | an acquittal at a hearing conducted under a federal, | ||||||
3 | Uniform Code of Military Justice, sister state, or | ||||||
4 | foreign country law substantially similar to | ||||||
5 | subsection (a) of Section 104-25 of the Code of | ||||||
6 | Criminal Procedure of 1963 for the alleged violation or | ||||||
7 | attempted commission of such offense; | ||||||
8 | (2) adjudicated a juvenile delinquent as the result
of | ||||||
9 | committing or attempting to commit an act which, if | ||||||
10 | committed by an adult, would constitute any of the offenses | ||||||
11 | specified in subsection (b) of this Section or a violation | ||||||
12 | of any substantially similar federal, Uniform Code of | ||||||
13 | Military Justice, sister state, or foreign country law, or | ||||||
14 | found guilty under Act V of the Juvenile Court Act of 1987 | ||||||
15 | of committing or attempting to commit an act which, if | ||||||
16 | committed by an adult, would constitute any of the offenses | ||||||
17 | specified in subsection (b) of this Section or a violation | ||||||
18 | of any substantially similar federal, Uniform Code of | ||||||
19 | Military Justice, sister state, or foreign country law.
| ||||||
20 | Convictions that result from or are connected with the same | ||||||
21 | act, or result from offenses committed at the same time, | ||||||
22 | shall be counted for the purpose of this Act as one | ||||||
23 | conviction. Any conviction set aside under law is not a | ||||||
24 | conviction for purposes of this Act.
For purposes of this | ||||||
25 | Section, "convicted" shall have the same meaning as | ||||||
26 | "adjudicated".
| ||||||
27 | (b) "Arson offense" means:
| ||||||
28 | (1) A violation of any of the following Sections of
the | ||||||
29 | Criminal Code of 1961:
| ||||||
30 | (i) 20-1 (arson), | ||||||
31 | (ii) 20-1.1 (aggravated arson), | ||||||
32 | (iii) 20-1.2 (residential arson), | ||||||
33 | (iv) 20-1.3 (place of worship arson),
| ||||||
34 | (v) 20-2 (possession of explosives or explosive or | ||||||
35 | incendiary devices), or | ||||||
36 | (vi) An attempt to commit any of the offenses |
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1 | listed in clauses (i) through (v).
| ||||||
2 | (2) A violation of any former law of this State
| ||||||
3 | substantially equivalent to any offense listed in | ||||||
4 | subsection (b) of this Section. | ||||||
5 | (c) A conviction for an offense of federal law, Uniform | ||||||
6 | Code of Military Justice, or the law of another state or a | ||||||
7 | foreign country that is substantially equivalent to any offense | ||||||
8 | listed in subsections (b) of this Section shall constitute a | ||||||
9 | conviction for the purpose of this Act.
| ||||||
10 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
11 | Chief of Police in each of the municipalities in which the | ||||||
12 | arsonist expects to reside, work, or attend school (1) upon his | ||||||
13 | or her discharge, parole or release or (2) during the service | ||||||
14 | of his or her sentence of probation or conditional discharge, | ||||||
15 | or the Sheriff of the county, in the event no Police Chief | ||||||
16 | exists or if the offender intends to reside, work, or attend | ||||||
17 | school in an unincorporated area. "Law enforcement agency | ||||||
18 | having jurisdiction" includes the location where out-of-state | ||||||
19 | students attend school and where out-of-state employees are | ||||||
20 | employed or are otherwise required to register.
| ||||||
21 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
22 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
23 | part-time basis, in any public or private educational | ||||||
24 | institution, including, but not limited to, any secondary | ||||||
25 | school, trade or professional institution, or institution of | ||||||
26 | higher learning.
| ||||||
27 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
28 | in this Section, who works in Illinois, regardless of whether | ||||||
29 | the individual receives payment for services performed, for a | ||||||
30 | period of time of 10 or more days or for an aggregate period of | ||||||
31 | time of 30 or more days during any calendar year. Persons who | ||||||
32 | operate motor vehicles in the State accrue one day of | ||||||
33 | employment time for any portion of a day spent in Illinois.
| ||||||
34 | Section 10. Duty to register. | ||||||
35 | (a) An arsonist shall, within the time period prescribed in |
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1 | subsections (b) and (c), register in person and provide | ||||||
2 | accurate information as required by the Department of State | ||||||
3 | Police. Such information shall include current address, | ||||||
4 | current place of employment, and school attended. The arsonist | ||||||
5 | shall register: | ||||||
6 | (1) with the chief of police in each of the
| ||||||
7 | municipalities in which he or she attends school, is | ||||||
8 | employed, resides or is temporarily domiciled for a period | ||||||
9 | of time of 10 or more days, unless the municipality is the | ||||||
10 | City of Chicago, in which case he or she shall register at | ||||||
11 | the Chicago Police Department Headquarters; or
| ||||||
12 | (2) with the sheriff in each of the counties in
which | ||||||
13 | he or she attends school, is employed, resides or is | ||||||
14 | temporarily domiciled in an unincorporated area or, if | ||||||
15 | incorporated, no police chief exists.
For purposes of this | ||||||
16 | Act, the place of residence or temporary domicile is | ||||||
17 | defined as any and all places where the arsonist resides | ||||||
18 | for an aggregate period of time of 10 or more days during | ||||||
19 | any calendar year.
The arsonist shall provide accurate | ||||||
20 | information as required by the Department of State Police. | ||||||
21 | That information shall include the arsonist's current | ||||||
22 | place of employment.
| ||||||
23 | (a-5) An out-of-state student or out-of-state employee | ||||||
24 | shall, within 10 days after beginning school or employment in | ||||||
25 | this State, register in person and provide accurate information | ||||||
26 | as required by the Department of State Police. Such information | ||||||
27 | must include current place of employment, school attended, and | ||||||
28 | address in state of residence: | ||||||
29 | (1) with the chief of police in each of the
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30 | municipalities in which he or she attends school or is | ||||||
31 | employed for a period of time of 10 or more days or for an | ||||||
32 | aggregate period of time of more than 30 days during any | ||||||
33 | calendar year, unless the municipality is the City of | ||||||
34 | Chicago, in which case he or she shall register at the | ||||||
35 | Chicago Police Department Headquarters; or
| ||||||
36 | (2) with the sheriff in each of the counties in
which |
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1 | he or she attends school or is employed for a period of | ||||||
2 | time of 10 or more days or for an aggregate period of time | ||||||
3 | of more than 30 days during any calendar year in an | ||||||
4 | unincorporated area or, if incorporated, no police chief | ||||||
5 | exists.
The out-of-state student or out-of-state employee | ||||||
6 | shall provide accurate information as required by the | ||||||
7 | Department of State Police. That information shall include | ||||||
8 | the out-of-state student's current place of school | ||||||
9 | attendance or the out-of-state employee's current place of | ||||||
10 | employment. | ||||||
11 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
12 | regardless of any initial, prior, or other registration, shall, | ||||||
13 | within 10 days of beginning school, or establishing a | ||||||
14 | residence, place of employment, or temporary domicile in any | ||||||
15 | county, register in person as set forth in subsection (a) or | ||||||
16 | (a-5).
| ||||||
17 | (c) The registration for any person required to register | ||||||
18 | under this Act shall be as follows:
| ||||||
19 | (1) Except as provided in paragraph (3) of this | ||||||
20 | subsection (c), any
person who has not been notified of his | ||||||
21 | or her responsibility to register shall be notified by a | ||||||
22 | criminal justice entity of his or her responsibility to | ||||||
23 | register. Upon notification the person must then register | ||||||
24 | within 10 days of notification of his or her requirement to | ||||||
25 | register. If notification is not made within the offender's | ||||||
26 | 10 year registration requirement, and the Department of | ||||||
27 | State Police determines no evidence exists or indicates the | ||||||
28 | offender attempted to avoid registration, the offender | ||||||
29 | will no longer be required to register under this Act.
| ||||||
30 | (2) Except as provided in paragraph (3) of this | ||||||
31 | subsection (c), any
person convicted on or after the | ||||||
32 | effective date of this Act shall register in person within | ||||||
33 | 10 days after the entry of the sentencing order based upon | ||||||
34 | his or her conviction.
| ||||||
35 | (3) Any person unable to comply with the
registration | ||||||
36 | requirements of this Act because he or she is confined, |
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1 | institutionalized, or imprisoned in Illinois on or after | ||||||
2 | the effective date of this Act shall register in person | ||||||
3 | within 10 days of discharge, parole or release.
| ||||||
4 | (4) The person shall provide positive identification
| ||||||
5 | and documentation that substantiates proof of residence at | ||||||
6 | the registering address.
| ||||||
7 | (5) The person shall pay a $10 initial registration
fee | ||||||
8 | and a $5 annual renewal fee. The fees shall be used by the | ||||||
9 | registering agency for official purposes. The agency shall | ||||||
10 | establish procedures to document receipt and use of the | ||||||
11 | funds. The law enforcement agency having jurisdiction may | ||||||
12 | waive the registration fee if it determines that the person | ||||||
13 | is indigent and unable to pay the registration fee.
| ||||||
14 | (d) Within 10 days after obtaining or changing employment, | ||||||
15 | a person required to register under this Section must report, | ||||||
16 | in person or in writing to the law enforcement agency having | ||||||
17 | jurisdiction, the business name and address where he or she is | ||||||
18 | employed. If the person has multiple businesses or work | ||||||
19 | locations, every business and work location must be reported to | ||||||
20 | the law enforcement agency having jurisdiction.
| ||||||
21 | Section 15. Discharge of arsonist from penal institution. | ||||||
22 | Any arsonist who is discharged, paroled or released from a | ||||||
23 | Department of Corrections facility, a facility where such | ||||||
24 | person was placed by the Department of Corrections or another | ||||||
25 | penal institution, and whose liability for registration has not | ||||||
26 | terminated under Section 45 shall, prior to discharge, parole | ||||||
27 | or release from the facility or institution, be informed of his | ||||||
28 | or her duty to register in person within 10 days under this Act | ||||||
29 | by the facility or institution in which he or she was confined. | ||||||
30 | The facility or institution shall also inform any person who | ||||||
31 | must register that if he or she establishes a residence outside | ||||||
32 | of the State of Illinois, is employed outside of the State of | ||||||
33 | Illinois, or attends school outside of the State of Illinois, | ||||||
34 | he or she must register in the new state within 10 days after | ||||||
35 | establishing the residence, beginning employment, or beginning |
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1 | school.
The facility shall require the person to read and sign | ||||||
2 | such form as may be required by the Department of State Police | ||||||
3 | stating that the duty to register and the procedure for | ||||||
4 | registration has been explained to him or her and that he or | ||||||
5 | she understands the duty to register and the procedure for | ||||||
6 | registration. The facility shall further advise the person in | ||||||
7 | writing that the failure to register or other violation of this | ||||||
8 | Act shall result in revocation of parole, mandatory supervised | ||||||
9 | release or conditional release. The facility shall obtain | ||||||
10 | information about where the person expects to reside, work, and | ||||||
11 | attend school upon his or her discharge, parole or release and | ||||||
12 | shall report the information to the Department of State Police. | ||||||
13 | The facility shall give one copy of the form to the person and | ||||||
14 | shall send one copy to each of the law enforcement agencies | ||||||
15 | having jurisdiction where the person expects to reside, work, | ||||||
16 | and attend school upon his or her discharge, parole or release | ||||||
17 | and retain one copy for the files. Electronic data files that | ||||||
18 | includes all notification form information and photographs of | ||||||
19 | arsonists being released from an Illinois Department of | ||||||
20 | Corrections facility shall be shared on a regular basis as | ||||||
21 | determined between the Department of State Police and the | ||||||
22 | Department of Corrections.
| ||||||
23 | Section 20. Release of arsonist on probation. An arsonist | ||||||
24 | who is released on probation shall, prior to such release, be | ||||||
25 | informed of his or her duty to register under this Act by the | ||||||
26 | court in which he or she was convicted. The court shall also | ||||||
27 | inform any person who must register that if he or she | ||||||
28 | establishes a residence outside of the State of Illinois, is | ||||||
29 | employed outside of the State of Illinois, or attends school | ||||||
30 | outside of the State of Illinois, he or she must register in | ||||||
31 | the new state within 10 days after establishing the residence, | ||||||
32 | beginning employment, or beginning school. The court shall | ||||||
33 | require the person to read and sign such form as may be | ||||||
34 | required by the Department of State Police stating that the | ||||||
35 | duty to register and the procedure for registration has been |
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1 | explained to him or her and that he or she understands the duty | ||||||
2 | to register and the procedure for registration. The court shall | ||||||
3 | further advise the person in writing that the failure to | ||||||
4 | register or other violation of this Act shall result in | ||||||
5 | probation revocation. The court shall obtain information about | ||||||
6 | where the person expects to reside, work, and attend school | ||||||
7 | upon his or her release, and shall report the information to | ||||||
8 | the Department of State Police. The court shall give one copy | ||||||
9 | of the form to the person and retain the original in the court | ||||||
10 | records. The Department of State Police shall notify the law | ||||||
11 | enforcement agencies having jurisdiction where the person | ||||||
12 | expects to reside, work and attend school upon his or her | ||||||
13 | release.
| ||||||
14 | Section 25. Discharge of arsonist from hospital or other | ||||||
15 | treatment facility. Any arsonist who is discharged or released | ||||||
16 | from a hospital or other treatment facility where he or she was | ||||||
17 | confined shall be informed by the hospital or treatment | ||||||
18 | facility in which he or she was confined, prior to discharge or | ||||||
19 | release from the hospital or treatment facility, of his or her | ||||||
20 | duty to register under this Act.
The facility shall require the | ||||||
21 | person to read and sign such form as may be required by the | ||||||
22 | Department of State Police stating that the duty to register | ||||||
23 | and the procedure for registration has been explained to him or | ||||||
24 | her and that he or she understands the duty to register and the | ||||||
25 | procedure for registration. The facility shall give one copy of | ||||||
26 | the form to the person, retain one copy for its records, and | ||||||
27 | forward the original to the Department of State Police. The | ||||||
28 | facility shall obtain information about where the person | ||||||
29 | expects to reside, work, and attend school upon his or her | ||||||
30 | discharge, parole, or release and shall report the information | ||||||
31 | to the Department of State Police within 3 days. The facility | ||||||
32 | or institution shall also inform any person who must register | ||||||
33 | that if he or she establishes a residence outside of the State | ||||||
34 | of Illinois, is employed outside of the State of Illinois, or | ||||||
35 | attends school outside of the State of Illinois, he or she must |
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1 | register in the new state within 10 days after establishing the | ||||||
2 | residence, beginning school, or beginning employment. The | ||||||
3 | Department of State Police shall notify the law enforcement | ||||||
4 | agencies having jurisdiction where the person expects to | ||||||
5 | reside, work, and attend school upon his or her release.
| ||||||
6 | Section 30. Nonforwardable verification letter. The | ||||||
7 | Department of State Police shall mail an annual nonforwardable | ||||||
8 | verification letter to a person registered under this Act | ||||||
9 | beginning one year from the date of his or her last | ||||||
10 | registration. A person required to register under this Act who | ||||||
11 | is mailed a verification letter shall complete, sign, and | ||||||
12 | return the enclosed verification form to the Department of | ||||||
13 | State Police postmarked within 10 days after the mailing date | ||||||
14 | of the letter. A person's failure to return the verification | ||||||
15 | form to the Department of State Police within 10 days after the | ||||||
16 | mailing date of the letter shall be considered a violation of | ||||||
17 | this Act.
| ||||||
18 | Section 35. Duty to report change of address, school, or | ||||||
19 | employment. Any person who is required to register under this | ||||||
20 | Act shall report in person to the appropriate law enforcement | ||||||
21 | agency with whom he or she last registered within one year from | ||||||
22 | the date of last registration and every year thereafter. If any | ||||||
23 | person required to register under this Act changes his or her | ||||||
24 | residence address, place of employment, or school, he or she | ||||||
25 | shall, in writing, within 10 days inform the law enforcement | ||||||
26 | agency with whom he or she last registered of his or her new | ||||||
27 | address, change in employment, or school and register with the | ||||||
28 | appropriate law enforcement agency within the time period | ||||||
29 | specified in Section 10. The law enforcement agency shall, | ||||||
30 | within 3 days of receipt, notify the Department of State Police | ||||||
31 | and the law enforcement agency having jurisdiction of the new | ||||||
32 | place of residence, change in employment, or school.
If any | ||||||
33 | person required to register under this Act establishes a | ||||||
34 | residence or employment outside of the State of Illinois, |
| |||||||
|
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1 | within 10 days after establishing that residence or employment, | ||||||
2 | he or she shall, in writing, inform the law enforcement agency | ||||||
3 | with which he or she last registered of his or her out-of-state | ||||||
4 | residence or employment. The law enforcement agency with which | ||||||
5 | such person last registered shall, within 3 days notice of an | ||||||
6 | address or employment change, notify the Department of State | ||||||
7 | Police. The Department of State Police shall forward such | ||||||
8 | information to the out-of-state law enforcement agency having | ||||||
9 | jurisdiction in the form and manner prescribed by the | ||||||
10 | Department of State Police.
| ||||||
11 | Section 40. Out-of-State employee or student. Every | ||||||
12 | out-of-state student or out-of-state employee must notify the | ||||||
13 | agency having jurisdiction of any change of employment or | ||||||
14 | change of educational status, in writing, within 10 days of the | ||||||
15 | change. The law enforcement agency shall, within 3 days after | ||||||
16 | receiving the notice, enter the appropriate changes into LEADS.
| ||||||
17 | Section 45. Duration of registration. Any person who is | ||||||
18 | required to register under this Act shall be required to | ||||||
19 | register for a period of 10 years after conviction or | ||||||
20 | adjudication if not confined to a penal institution, hospital | ||||||
21 | or any other institution or facility, and if confined, for a | ||||||
22 | period of 10 years after parole, discharge or release from any | ||||||
23 | such facility. An arsonist who is allowed to leave a county, | ||||||
24 | State, or federal facility for the purposes of work release, | ||||||
25 | education, or overnight visitations shall be required to | ||||||
26 | register within 10 days of beginning such a program. Liability | ||||||
27 | for registration terminates at the expiration of 10 years from | ||||||
28 | the date of conviction or adjudication if not confined to a | ||||||
29 | penal institution, hospital or any other institution or | ||||||
30 | facility and if confined, at the expiration of 10 years from | ||||||
31 | the date of parole, discharge or release from any such | ||||||
32 | facility, providing such person does not, during that period, | ||||||
33 | again become liable to register under the provisions of this | ||||||
34 | Act. The Director of State Police, consistent with |
| |||||||
|
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1 | administrative rules, shall extend for 10 years the | ||||||
2 | registration period of any arsonist who fails to comply with | ||||||
3 | the provisions of this Act. | ||||||
4 | Section 50. Registration requirements. Registration as | ||||||
5 | required by this Act shall consist of a statement in writing | ||||||
6 | signed by the person giving the information that is required by | ||||||
7 | the Department of State Police, which may include the | ||||||
8 | fingerprints and must include a photograph of the person. The | ||||||
9 | registration information must include whether the person is an | ||||||
10 | arsonist. Within 3 days, the registering law enforcement agency | ||||||
11 | shall forward any required information to the Department of | ||||||
12 | State Police. The registering law enforcement agency shall | ||||||
13 | enter the information into the Law Enforcement Agencies Data | ||||||
14 | System (LEADS) as provided in Section 2605-375 of the | ||||||
15 | Department of State Police Law of the Civil Administrative Code | ||||||
16 | of Illinois.
| ||||||
17 | Section 55. Address verification requirements. The agency | ||||||
18 | having jurisdiction shall verify the address of arsonists | ||||||
19 | required to register with their agency at least once per | ||||||
20 | calendar year. The verification must be documented in LEADS in | ||||||
21 | the form and manner required by the Department of State Police.
| ||||||
22 | Section 60. Public inspection of registration data. The | ||||||
23 | statements or any other information required by this Act shall | ||||||
24 | not be open to inspection by the public, or by any person other | ||||||
25 | than by a law enforcement officer or other individual as may be | ||||||
26 | authorized by law and shall include law enforcement agencies of | ||||||
27 | this State, any other state, or of the federal government. | ||||||
28 | Similar information may be requested from any law enforcement | ||||||
29 | agency of another state or of the federal government for | ||||||
30 | purposes of this Act. It is a Class B misdemeanor to permit the | ||||||
31 | unauthorized release of any information required by this Act.
| ||||||
32 | Section 65. Penalty. Any person who is required to register |
| |||||||
|
|||||||
1 | under this Act who violates any of the provisions of this Act | ||||||
2 | and any person who is required to register under this Act who | ||||||
3 | seeks to change his or her name under Article 21 of the Code of | ||||||
4 | Civil Procedure is guilty of a Class 4 felony. Any person who | ||||||
5 | is required to register under this Act who knowingly or | ||||||
6 | wilfully gives material information required by this Act that | ||||||
7 | is false is guilty of a Class 3 felony. Any person convicted of | ||||||
8 | a violation of any provision of this Act shall, in addition to | ||||||
9 | any other penalty required by law, be required to serve a | ||||||
10 | minimum period of 7 days confinement in the local county jail. | ||||||
11 | The court shall impose a mandatory minimum fine of $500 for | ||||||
12 | failure to comply with any provision of this Act. These fines | ||||||
13 | shall be deposited in the Arsonist Registration Fund. An | ||||||
14 | arsonist who violates any provision of this Act may be tried in | ||||||
15 | any Illinois county where the arsonist can be located.
| ||||||
16 | Section 70. Arsonist Registration Fund. There is created in | ||||||
17 | the State treasury the Arsonist Registration Fund. Moneys in | ||||||
18 | the Fund shall be used to cover costs incurred by the criminal | ||||||
19 | justice system to administer this Act. The Department of State | ||||||
20 | Police shall establish and promulgate rules and procedures | ||||||
21 | regarding the administration of this Fund. At least 50% of the | ||||||
22 | moneys in the Fund shall be allocated by the Department for | ||||||
23 | sheriffs' offices and police departments.
| ||||||
24 | Section 75. Access to State of Illinois databases. The | ||||||
25 | Department of State Police shall have access to State of | ||||||
26 | Illinois databases containing information that may help in the | ||||||
27 | identification or location of persons required to register | ||||||
28 | under this Act. Interagency agreements shall be implemented, | ||||||
29 | consistent with security and procedures established by the | ||||||
30 | State agency and consistent with the laws governing the | ||||||
31 | confidentiality of the information in the databases. | ||||||
32 | Information shall be used only for administration of this Act.
| ||||||
33 | Section 105. The Department of State Police Law of the
|
| |||||||
|
|||||||
1 | Civil Administrative Code of Illinois is amended by changing | ||||||
2 | Section 2605-375 as follows:
| ||||||
3 | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
| ||||||
4 | Sec. 2605-375. Missing persons; Law Enforcement Agencies | ||||||
5 | Data System
(LEADS).
| ||||||
6 | (a) To establish and maintain a statewide Law Enforcement
| ||||||
7 | Agencies Data System (LEADS) for the purpose of providing | ||||||
8 | electronic access
by authorized entities to criminal justice | ||||||
9 | data repositories and effecting an
immediate law enforcement | ||||||
10 | response to reports of missing persons, including
lost, missing | ||||||
11 | or runaway minors. The Department shall implement an automatic
| ||||||
12 | data exchange system to compile, to maintain, and to make | ||||||
13 | available to
other law
enforcement agencies for immediate | ||||||
14 | dissemination data that can
assist
appropriate agencies in | ||||||
15 | recovering missing persons and provide access by
authorized | ||||||
16 | entities to various data repositories available through LEADS | ||||||
17 | for
criminal justice and related purposes. To assist the | ||||||
18 | Department in
this effort, funds may be appropriated from the | ||||||
19 | LEADS Maintenance Fund.
| ||||||
20 | (b) In exercising its duties under this Section, the
| ||||||
21 | Department shall do the following:
| ||||||
22 | (1) Provide a uniform reporting format for the entry of | ||||||
23 | pertinent
information regarding the report of a missing | ||||||
24 | person into LEADS.
| ||||||
25 | (2) Develop and implement a policy whereby a statewide | ||||||
26 | or regional alert
would be used in situations relating to | ||||||
27 | the disappearances of individuals,
based on criteria and in | ||||||
28 | a format established by the Department. Such a
format shall | ||||||
29 | include, but not be limited to, the age of the missing | ||||||
30 | person
and the suspected circumstance of the | ||||||
31 | disappearance.
| ||||||
32 | (3) Notify all law enforcement agencies that reports of | ||||||
33 | missing persons
shall be entered as soon as the minimum | ||||||
34 | level of data specified by the
Department is available to | ||||||
35 | the reporting agency and that no waiting period
for the |
| |||||||
|
|||||||
1 | entry of the data exists.
| ||||||
2 | (4) Compile and retain information regarding lost, | ||||||
3 | abducted, missing,
or
runaway minors in a separate data | ||||||
4 | file, in a manner that allows that
information to be used | ||||||
5 | by law enforcement and other agencies deemed
appropriate by | ||||||
6 | the Director, for investigative purposes. The
information
| ||||||
7 | shall include the disposition of all reported lost, | ||||||
8 | abducted, missing, or
runaway minor cases.
| ||||||
9 | (5) Compile and maintain an historic data repository | ||||||
10 | relating to lost,
abducted, missing, or runaway minors and | ||||||
11 | other missing persons in order to
develop and improve | ||||||
12 | techniques utilized by law enforcement agencies when
| ||||||
13 | responding to reports of missing persons.
| ||||||
14 | (6) Create a quality control program regarding | ||||||
15 | confirmation of missing
person data, timeliness of entries | ||||||
16 | of missing person reports into LEADS,
and
performance | ||||||
17 | audits of all entering agencies.
| ||||||
18 | (7) Provide for the entry into LEADS of the names and | ||||||
19 | addresses of arsonists as defined in the Arsonist | ||||||
20 | Registration Act who are required to register under that | ||||||
21 | Act. The information shall be immediately accessible to law | ||||||
22 | enforcement agencies and peace officers of this State or | ||||||
23 | any other state or of the federal government. Similar | ||||||
24 | information may be requested from any other state or of the | ||||||
25 | federal government for the purposes of this Act.
| ||||||
26 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
27 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
28 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
29 | Section 110. The State Finance Act is amended by adding | ||||||
30 | Section 5.625 as follows: | ||||||
31 | (30 ILCS 105/5.625 new)
| ||||||
32 | Sec. 5.625. The Arsonist Registration Fund.
| ||||||
33 | Section 115. The Juvenile court Act of 1987 is amended by |
| |||||||
|
|||||||
1 | changing
Sections 1-7, 1-8, 5-901, and 5-905 as follows:
| ||||||
2 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
3 | Sec. 1-7. Confidentiality of law enforcement records.
| ||||||
4 | (A) Inspection and copying of law enforcement records | ||||||
5 | maintained by law
enforcement agencies that relate to a minor | ||||||
6 | who has been arrested or taken
into custody before his or her | ||||||
7 | 17th birthday shall be restricted to the
following:
| ||||||
8 | (1) Any local, State or federal law enforcement | ||||||
9 | officers of any
jurisdiction or agency when necessary for | ||||||
10 | the discharge of their official
duties during the | ||||||
11 | investigation or prosecution of a crime or relating to a
| ||||||
12 | minor who has been adjudicated delinquent and there has | ||||||
13 | been a previous finding
that the act which constitutes the | ||||||
14 | previous offense was committed in
furtherance of criminal | ||||||
15 | activities by a criminal street gang. For purposes of
this | ||||||
16 | Section, "criminal street gang" has the meaning ascribed to | ||||||
17 | it in
Section 10 of the Illinois Streetgang Terrorism | ||||||
18 | Omnibus Prevention Act.
| ||||||
19 | (1.5) A fire or arson investigator of the Office of the | ||||||
20 | State Fire
Marshal or
of a
local fire department or fire | ||||||
21 | protection district or a person classified as a
peace | ||||||
22 | officer
under the Peace Officer Fire Investigation Act | ||||||
23 | during the investigation or
prosecution of
an arson.
| ||||||
24 | (2) Prosecutors, probation officers, social workers, | ||||||
25 | or other
individuals assigned by the court to conduct a | ||||||
26 | pre-adjudication or
pre-disposition investigation, and | ||||||
27 | individuals responsible for supervising
or providing | ||||||
28 | temporary or permanent care and custody for minors pursuant | ||||||
29 | to
the order of the juvenile court, when essential to | ||||||
30 | performing their
responsibilities.
| ||||||
31 | (3) Prosecutors and probation officers:
| ||||||
32 | (a) in the course of a trial when institution of | ||||||
33 | criminal proceedings
has been permitted or required | ||||||
34 | under Section 5-805; or
| ||||||
35 | (b) when institution of criminal proceedings has |
| |||||||
|
|||||||
1 | been permitted or required under Section 5-805 and such | ||||||
2 | minor is the
subject
of a proceeding to determine the | ||||||
3 | amount of bail; or
| ||||||
4 | (c) when criminal proceedings have been permitted
| ||||||
5 | or
required under Section 5-805 and such minor is the | ||||||
6 | subject of a
pre-trial
investigation, pre-sentence | ||||||
7 | investigation, fitness hearing, or proceedings
on an | ||||||
8 | application for probation.
| ||||||
9 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
10 | (5) Authorized military personnel.
| ||||||
11 | (6) Persons engaged in bona fide research, with the | ||||||
12 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
13 | the chief executive of the respective
law enforcement | ||||||
14 | agency; provided that publication of such research results
| ||||||
15 | in no disclosure of a minor's identity and protects the | ||||||
16 | confidentiality
of the minor's record.
| ||||||
17 | (7) Department of Children and Family Services child | ||||||
18 | protection
investigators acting in their official | ||||||
19 | capacity.
| ||||||
20 | (8) The appropriate school official. Inspection and | ||||||
21 | 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
system | ||||||
24 | established and maintained between the school district and | ||||||
25 | the local law
enforcement agency under Section 10-20.14 of | ||||||
26 | the School Code concerning a minor
enrolled in a school | ||||||
27 | within the school district who has been arrested or taken
| ||||||
28 | into custody for any of the following offenses:
| ||||||
29 | (i) unlawful use of weapons under Section 24-1 of | ||||||
30 | the Criminal Code of
1961;
| ||||||
31 | (ii) a violation of the Illinois Controlled | ||||||
32 | Substances Act;
| ||||||
33 | (iii) a violation of the Cannabis Control Act; or
| ||||||
34 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
35 | the Criminal Code
of 1961.
| ||||||
36 | (9) Mental health professionals on behalf of the |
| |||||||
|
|||||||
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
| ||||||
11 | paragraph (9) may be used only in sexually violent persons | ||||||
12 | commitment
proceedings.
| ||||||
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
| ||||||
22 | institution of
criminal proceedings.
| ||||||
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 | ||||||
27 | birthday for the offense of unlawful use of weapons under | ||||||
28 | Article 24 of
the Criminal Code of 1961, a Class X or Class | ||||||
29 | 1 felony, a forcible felony as
defined in Section 2-8 of | ||||||
30 | the Criminal Code of 1961, or a Class 2 or greater
felony | ||||||
31 | under the Cannabis Control Act, the Illinois Controlled | ||||||
32 | Substances Act,
or Chapter 4 of the Illinois Vehicle Code, | ||||||
33 | pursuant to Section 5 of the
Criminal Identification Act. | ||||||
34 | Information reported to the Department pursuant
to this | ||||||
35 | Section may be maintained with records that the Department | ||||||
36 | files
pursuant to Section 2.1 of the Criminal |
| |||||||
|
|||||||
1 | Identification Act. Nothing in this
Act prohibits a law | ||||||
2 | enforcement agency from fingerprinting a minor taken into
| ||||||
3 | custody or arrested before his or her 17th birthday for an | ||||||
4 | offense other than
those listed in this paragraph (2).
| ||||||
5 | (C) The records of law enforcement officers concerning all | ||||||
6 | minors under
17 years of age must be maintained separate from | ||||||
7 | the records of arrests and
may not be open to public inspection | ||||||
8 | or their contents disclosed to the
public except by order of | ||||||
9 | the court or when the institution of criminal
proceedings has | ||||||
10 | been permitted or required under Section
5-805 or such a person | ||||||
11 | has been convicted of a crime and is the
subject of
| ||||||
12 | pre-sentence investigation or proceedings on an application | ||||||
13 | for probation
or when provided by law.
| ||||||
14 | (D) Nothing contained in subsection (C) of this Section | ||||||
15 | shall prohibit
the inspection or disclosure to victims and | ||||||
16 | witnesses of photographs
contained in the records of law | ||||||
17 | enforcement agencies when the
inspection and disclosure is | ||||||
18 | conducted in the presence of a law enforcement
officer for the | ||||||
19 | purpose of the identification or apprehension of any person
| ||||||
20 | subject to the provisions of this Act or for the investigation | ||||||
21 | or
prosecution of any crime.
| ||||||
22 | (E) Law enforcement officers may not disclose the identity | ||||||
23 | of any minor
in releasing information to the general public as | ||||||
24 | to the arrest, investigation
or disposition of any case | ||||||
25 | involving a minor.
| ||||||
26 | (F) Nothing contained in this Section shall prohibit law | ||||||
27 | enforcement
agencies from communicating with each other by | ||||||
28 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
29 | other means the identity or other relevant
information | ||||||
30 | pertaining to a person under 17 years of age if there are
| ||||||
31 | reasonable grounds to believe that the person poses a real and | ||||||
32 | present danger
to the safety of the public or law enforcement | ||||||
33 | officers. The information
provided under this subsection (F) | ||||||
34 | shall remain confidential and shall not
be publicly disclosed, | ||||||
35 | except as otherwise allowed by law.
| ||||||
36 | (G) Nothing in this Section shall prohibit the right of a |
| |||||||
|
|||||||
1 | Civil Service
Commission or appointing authority of any state, | ||||||
2 | county or municipality
examining the character and fitness of | ||||||
3 | an applicant for employment with a law
enforcement agency, | ||||||
4 | correctional institution, or fire department
from obtaining | ||||||
5 | and examining the
records of any law enforcement agency | ||||||
6 | relating to any record of the applicant
having been arrested or | ||||||
7 | taken into custody before the applicant's 17th
birthday.
| ||||||
8 | (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff.
1-1-00; | ||||||
9 | 92-415, eff. 8-17-01.)
| ||||||
10 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
11 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
12 | court records.
| ||||||
13 | (A) Inspection and copying of juvenile court records | ||||||
14 | relating to a minor
who is the subject of a proceeding under | ||||||
15 | this Act shall be restricted to the
following:
| ||||||
16 | (1) The minor who is the subject of record, his | ||||||
17 | parents, guardian
and counsel.
| ||||||
18 | (2) Law enforcement officers and law enforcement | ||||||
19 | agencies when such
information is essential to executing an | ||||||
20 | arrest or search warrant or other
compulsory process, or to | ||||||
21 | conducting an ongoing investigation
or relating to a minor | ||||||
22 | who
has been adjudicated delinquent and there has been a | ||||||
23 | previous finding that
the act which constitutes the | ||||||
24 | previous offense was committed in furtherance
of criminal | ||||||
25 | activities by a criminal street gang.
| ||||||
26 | Before July 1, 1994, for the purposes of this Section, | ||||||
27 | "criminal street
gang" means any ongoing
organization, | ||||||
28 | association, or group of 3 or more persons, whether formal | ||||||
29 | or
informal, having as one of its primary activities the | ||||||
30 | commission of one or
more criminal acts and that has a | ||||||
31 | common name or common identifying sign,
symbol or specific | ||||||
32 | color apparel displayed, and whose members individually
or | ||||||
33 | collectively engage in or have engaged in a pattern of | ||||||
34 | criminal activity.
| ||||||
35 | Beginning July 1, 1994, for purposes of this Section, |
| |||||||
|
|||||||
1 | "criminal street
gang" has the meaning ascribed to it in | ||||||
2 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
3 | Prevention Act.
| ||||||
4 | (2.5) A fire or arson investigator of the Office of the | ||||||
5 | State Fire
Marshal
or
of a
local fire department or fire | ||||||
6 | protection district or a person classified as a
peace | ||||||
7 | officer
under the Peace Officer Fire Investigation Act | ||||||
8 | during the investigation or
prosecution of
an arson.
| ||||||
9 | (3) Judges, hearing officers, prosecutors, probation | ||||||
10 | officers, social
workers or other
individuals assigned by | ||||||
11 | the court to conduct a pre-adjudication or
predisposition | ||||||
12 | investigation, and individuals responsible for supervising
| ||||||
13 | or providing temporary or permanent care and custody for | ||||||
14 | minors pursuant
to the order of the juvenile court when | ||||||
15 | essential to performing their
responsibilities.
| ||||||
16 | (4) Judges, prosecutors and probation officers:
| ||||||
17 | (a) in the course of a trial when institution of | ||||||
18 | criminal proceedings
has been permitted or required | ||||||
19 | under Section 5-805; or
| ||||||
20 | (b) when criminal proceedings have been permitted
| ||||||
21 | or
required under Section 5-805 and a minor is the | ||||||
22 | subject of a
proceeding to
determine the amount of | ||||||
23 | bail; or
| ||||||
24 | (c) when criminal proceedings have been permitted
| ||||||
25 | or
required under Section 5-805 and a minor is the | ||||||
26 | subject of a
pre-trial
investigation, pre-sentence | ||||||
27 | investigation or fitness hearing, or
proceedings on an | ||||||
28 | application for probation; or
| ||||||
29 | (d) when a minor becomes 17 years of age or older, | ||||||
30 | and is the subject
of criminal proceedings, including a | ||||||
31 | hearing to determine the amount of
bail, a pre-trial | ||||||
32 | investigation, a pre-sentence investigation, a fitness
| ||||||
33 | hearing, or proceedings on an application for | ||||||
34 | probation.
| ||||||
35 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
36 | (6) Authorized military personnel.
|
| |||||||
|
|||||||
1 | (7) Victims, their subrogees and legal | ||||||
2 | representatives; however, such
persons shall have access | ||||||
3 | only to the name and address of the minor and
information | ||||||
4 | pertaining to the disposition or alternative adjustment | ||||||
5 | plan
of the juvenile court.
| ||||||
6 | (8) Persons engaged in bona fide research, with the | ||||||
7 | permission of the
presiding judge of the juvenile court and | ||||||
8 | the chief executive of the agency
that prepared the | ||||||
9 | particular records; provided that publication of such
| ||||||
10 | research results in no disclosure of a minor's identity and | ||||||
11 | protects the
confidentiality of the record.
| ||||||
12 | (9) The Secretary of State to whom the Clerk of the | ||||||
13 | Court shall report
the disposition of all cases, as | ||||||
14 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
15 | However, information reported relative to these offenses | ||||||
16 | shall
be privileged and available only to the Secretary of | ||||||
17 | State, courts, and police
officers.
| ||||||
18 | (10) The administrator of a bonafide substance abuse | ||||||
19 | student
assistance program with the permission of the | ||||||
20 | presiding judge of the
juvenile court.
| ||||||
21 | (11) 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 Persons Commitment Act | ||||||
26 | relating to a person who is the
subject of
juvenile court | ||||||
27 | records or the respondent to a petition brought under
the
| ||||||
28 | Sexually Violent Persons Commitment Act, who is the subject | ||||||
29 | of juvenile
court records
sought. Any records and any | ||||||
30 | information obtained from those records under this
| ||||||
31 | paragraph (11) may be used only in sexually violent persons | ||||||
32 | commitment
proceedings.
| ||||||
33 | (B) A minor who is the victim in a juvenile proceeding | ||||||
34 | shall be
provided the same confidentiality regarding | ||||||
35 | disclosure of identity as the
minor who is the subject of | ||||||
36 | record.
|
| |||||||
|
|||||||
1 | (C) Except as otherwise provided in this subsection (C), | ||||||
2 | juvenile court
records shall not be made available to the | ||||||
3 | general public
but may be inspected by representatives of | ||||||
4 | agencies, associations and news
media or other properly | ||||||
5 | interested persons by general or special order of
the court. | ||||||
6 | The State's Attorney, the minor, his parents, guardian and | ||||||
7 | counsel
shall at all times have the right to examine court | ||||||
8 | files and records.
| ||||||
9 | (1) The
court shall allow the general public to have | ||||||
10 | access to the name, address, and offense of a minor
who is | ||||||
11 | adjudicated a delinquent minor under this Act under either | ||||||
12 | of the
following circumstances:
| ||||||
13 | (A) The
adjudication of
delinquency was based upon | ||||||
14 | the
minor's
commission of first degree murder, attempt | ||||||
15 | to commit first degree
murder, aggravated criminal | ||||||
16 | sexual assault, or criminal sexual assault; or
| ||||||
17 | (B) The court has made a finding that the minor was | ||||||
18 | at least 13 years of
age
at the time the act was | ||||||
19 | committed and the adjudication of delinquency was | ||||||
20 | based
upon the minor's commission of: (i)
an act in | ||||||
21 | furtherance of the commission of a felony as a member | ||||||
22 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
23 | involving the use of a firearm in the commission of a
| ||||||
24 | felony, (iii) an act that would be a Class X felony | ||||||
25 | offense
under or
the minor's second or subsequent
Class | ||||||
26 | 2 or greater felony offense under the Cannabis Control | ||||||
27 | Act if committed by an adult,
(iv) an act that would be | ||||||
28 | a second or subsequent offense under Section 402 of
the | ||||||
29 | Illinois Controlled Substances Act if committed by an | ||||||
30 | adult, or (v) an act
that would be an offense under | ||||||
31 | Section 401 of the Illinois Controlled
Substances Act | ||||||
32 | if committed by an adult.
| ||||||
33 | (2) The court
shall allow the general public to have | ||||||
34 | access to the name, address, and offense of a minor who is | ||||||
35 | at least 13 years of age at
the time the offense
is | ||||||
36 | committed and who is convicted, in criminal proceedings
|
| |||||||
|
|||||||
1 | permitted or required under Section 5-4, under either of | ||||||
2 | the following
circumstances:
| ||||||
3 | (A) The minor has been convicted of first degree | ||||||
4 | murder, attempt
to commit first degree
murder, | ||||||
5 | aggravated criminal sexual
assault, or criminal sexual | ||||||
6 | assault,
| ||||||
7 | (B) The court has made a finding that the minor was | ||||||
8 | at least 13 years
of age
at the time the offense was | ||||||
9 | committed and the conviction was based upon the
minor's | ||||||
10 | commission of: (i)
an offense in
furtherance of the | ||||||
11 | commission of a felony as a member of or on behalf of a
| ||||||
12 | criminal street gang, (ii) an offense
involving the use | ||||||
13 | of a firearm in the commission of a felony, (iii)
a | ||||||
14 | Class X felony offense under or a second or subsequent | ||||||
15 | Class 2 or
greater felony offense under the Cannabis | ||||||
16 | Control Act, (iv) a
second or subsequent offense under | ||||||
17 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
18 | or (v) an offense under Section 401 of the Illinois
| ||||||
19 | Controlled Substances Act.
| ||||||
20 | (D) Pending or following any adjudication of delinquency | ||||||
21 | for
any offense defined
in Sections 12-13 through 12-16 of the | ||||||
22 | Criminal Code of 1961,
the victim of any such offense shall | ||||||
23 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
24 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
25 | juvenile who is the subject of the adjudication, | ||||||
26 | notwithstanding any other
provision of this Act, shall be | ||||||
27 | treated
as an adult for the purpose of affording such rights to | ||||||
28 | the victim.
| ||||||
29 | (E) Nothing in this Section shall affect the right of a | ||||||
30 | Civil Service
Commission or appointing authority of any state, | ||||||
31 | county or municipality
examining the character and fitness of
| ||||||
32 | an applicant for employment with a law enforcement
agency, | ||||||
33 | correctional institution, or fire department to
ascertain
| ||||||
34 | whether that applicant was ever adjudicated to be a delinquent | ||||||
35 | minor and,
if so, to examine the records of disposition or | ||||||
36 | evidence which were made in
proceedings under this Act.
|
| |||||||
|
|||||||
1 | (F) Following any adjudication of delinquency for a crime | ||||||
2 | which would be
a felony if committed by an adult, or following | ||||||
3 | any adjudication of delinquency
for a violation of Section | ||||||
4 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
5 | State's Attorney shall ascertain
whether the minor respondent | ||||||
6 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
7 | dispositional order to the principal or chief administrative
| ||||||
8 | officer of the school. Access to such juvenile records shall be | ||||||
9 | limited
to the principal or chief administrative officer of the | ||||||
10 | school and any guidance
counselor designated by him.
| ||||||
11 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
12 | disclosure of information or records relating or pertaining to | ||||||
13 | juveniles
subject to the provisions of the Serious Habitual | ||||||
14 | Offender Comprehensive
Action Program when that information is | ||||||
15 | used to assist in the early
identification and treatment of | ||||||
16 | habitual juvenile offenders.
| ||||||
17 | (H) When a Court hearing a proceeding under Article II of | ||||||
18 | this Act becomes
aware that an earlier proceeding under Article | ||||||
19 | II had been heard in a different
county, that Court shall | ||||||
20 | request, and the Court in which the earlier
proceedings were | ||||||
21 | initiated shall transmit, an authenticated copy of the Court
| ||||||
22 | record, including all documents, petitions, and orders filed | ||||||
23 | therein and the
minute orders, transcript of proceedings, and | ||||||
24 | docket entries of the Court.
| ||||||
25 | (I) The Clerk of the Circuit Court shall report to the | ||||||
26 | Department of
State
Police, in the form and manner required by | ||||||
27 | the Department of State Police, the
final disposition of each | ||||||
28 | minor who has been arrested or taken into custody
before his or | ||||||
29 | her 17th birthday for those offenses required to be reported
| ||||||
30 | under Section 5 of the Criminal Identification Act. Information | ||||||
31 | reported to
the Department under this Section may be maintained | ||||||
32 | with records that the
Department files under Section 2.1 of the | ||||||
33 | Criminal Identification Act.
| ||||||
34 | (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, | ||||||
35 | 92-415, eff.
8-17-01.)
|
| |||||||
|
|||||||
1 | (705 ILCS 405/5-901)
| ||||||
2 | Sec. 5-901. Court file.
| ||||||
3 | (1) The Court file with respect to proceedings under this
| ||||||
4 | Article shall consist of the petitions, pleadings, victim | ||||||
5 | impact statements,
process,
service of process, orders, writs | ||||||
6 | and docket entries reflecting hearings held
and judgments and | ||||||
7 | decrees entered by the court. The court file shall be
kept | ||||||
8 | separate from other records of the court.
| ||||||
9 | (a) The file, including information identifying the | ||||||
10 | victim or alleged
victim of any sex
offense, shall be | ||||||
11 | disclosed only to the following parties when necessary for
| ||||||
12 | discharge of their official duties:
| ||||||
13 | (i) A judge of the circuit court and members of the | ||||||
14 | staff of the court
designated by the judge;
| ||||||
15 | (ii) Parties to the proceedings and their | ||||||
16 | attorneys;
| ||||||
17 | (iii) Victims and their attorneys, except in cases | ||||||
18 | of multiple victims
of
sex offenses in which case the | ||||||
19 | information identifying the nonrequesting
victims | ||||||
20 | shall be redacted;
| ||||||
21 | (iv) Probation officers, law enforcement officers | ||||||
22 | or prosecutors or
their
staff;
| ||||||
23 | (v) Adult and juvenile Prisoner Review Boards ; .
| ||||||
24 | (vi) A fire or arson investigator of the Office of | ||||||
25 | the State Fire
Marshal or of a
local fire department or | ||||||
26 | fire protection district or a person classified as a
| ||||||
27 | peace officer
under the Peace Officer Fire | ||||||
28 | Investigation Act.
| ||||||
29 | (b) The Court file redacted to remove any information | ||||||
30 | identifying the
victim or alleged victim of any sex offense | ||||||
31 | shall be disclosed only to the
following parties when | ||||||
32 | necessary for discharge of their official duties:
| ||||||
33 | (i) Authorized military personnel;
| ||||||
34 | (ii) Persons engaged in bona fide research, with | ||||||
35 | the permission of the
judge of the juvenile court and | ||||||
36 | the chief executive of the agency that prepared
the
|
| |||||||
|
|||||||
1 | particular recording: provided that publication of | ||||||
2 | such research results in no
disclosure of a minor's | ||||||
3 | identity and protects the confidentiality of the
| ||||||
4 | record;
| ||||||
5 | (iii) The Secretary of State to whom the Clerk of | ||||||
6 | the Court shall report
the disposition of all cases, as | ||||||
7 | required in Section 6-204 or Section 6-205.1
of the | ||||||
8 | Illinois
Vehicle Code. However, information reported | ||||||
9 | relative to these offenses shall
be privileged and | ||||||
10 | available only to the Secretary of State, courts, and | ||||||
11 | police
officers;
| ||||||
12 | (iv) The administrator of a bonafide substance | ||||||
13 | abuse student
assistance program with the permission | ||||||
14 | of the presiding judge of the
juvenile court;
| ||||||
15 | (v) Any individual, or any public or private agency | ||||||
16 | or institution,
having
custody of the juvenile under | ||||||
17 | court order or providing educational, medical or
| ||||||
18 | mental health services to the juvenile or a | ||||||
19 | court-approved advocate for the
juvenile or any | ||||||
20 | placement provider or potential placement provider as
| ||||||
21 | determined by the court.
| ||||||
22 | (3) A minor who is the victim or alleged victim in a | ||||||
23 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
24 | regarding disclosure of identity as the
minor who is the | ||||||
25 | subject of record.
Information identifying victims and alleged | ||||||
26 | victims of sex offenses,
shall not be disclosed or open to | ||||||
27 | public inspection under any circumstances.
Nothing in this | ||||||
28 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
29 | offense from voluntarily disclosing his or her identity.
| ||||||
30 | (4) Relevant information, reports and records shall be made | ||||||
31 | available to the
Department of
Corrections when a juvenile | ||||||
32 | offender has been placed in the custody of the
Department of | ||||||
33 | Corrections, Juvenile Division.
| ||||||
34 | (5) Except as otherwise provided in this subsection (5), | ||||||
35 | juvenile court
records shall not be made available to the | ||||||
36 | general public
but may be inspected by representatives of |
| |||||||
|
|||||||
1 | agencies, associations and news
media or other properly | ||||||
2 | interested persons by general or special order of
the court. | ||||||
3 | The State's Attorney, the minor, his or her parents, guardian | ||||||
4 | and
counsel
shall at all times have the right to examine court | ||||||
5 | files and records.
| ||||||
6 | (a) The
court shall allow the general public to have | ||||||
7 | access to the name, address, and
offense of a minor
who is | ||||||
8 | adjudicated a delinquent minor under this Act under either | ||||||
9 | of the
following circumstances:
| ||||||
10 | (i) The
adjudication of
delinquency was based upon | ||||||
11 | the
minor's
commission of first degree murder, attempt | ||||||
12 | to commit first degree
murder, aggravated criminal | ||||||
13 | sexual assault, or criminal sexual assault; or
| ||||||
14 | (ii) The court has made a finding that the minor | ||||||
15 | was at least 13 years
of
age
at the time the act was | ||||||
16 | committed and the adjudication of delinquency was | ||||||
17 | based
upon the minor's commission of: (A)
an act in | ||||||
18 | furtherance of the commission of a felony as a member | ||||||
19 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
20 | involving the use of a firearm in the commission of a
| ||||||
21 | felony, (C) an act that would be a Class X felony | ||||||
22 | offense
under or
the minor's second or subsequent
Class | ||||||
23 | 2 or greater felony offense under the Cannabis Control | ||||||
24 | Act if committed
by an adult,
(D) an act that would be | ||||||
25 | a second or subsequent offense under Section 402 of
the | ||||||
26 | Illinois Controlled Substances Act if committed by an | ||||||
27 | adult, or (E) an act
that would be an offense under | ||||||
28 | Section 401 of the Illinois Controlled
Substances Act | ||||||
29 | if committed by an adult.
| ||||||
30 | (b) The court
shall allow the general public to have | ||||||
31 | access to the name, address, and offense
of a minor who is | ||||||
32 | at least 13 years of age at
the time the offense
is | ||||||
33 | committed and who is convicted, in criminal proceedings
| ||||||
34 | permitted or required under Section 5-805, under either of
| ||||||
35 | the following
circumstances:
| ||||||
36 | (i) The minor has been convicted of first degree |
| |||||||
|
|||||||
1 | murder, attempt
to commit first degree
murder, | ||||||
2 | aggravated criminal sexual
assault, or criminal sexual | ||||||
3 | assault,
| ||||||
4 | (ii) The court has made a finding that the minor | ||||||
5 | was at least 13 years
of age
at the time the offense | ||||||
6 | was committed and the conviction was based upon the
| ||||||
7 | minor's commission of: (A)
an offense in
furtherance of | ||||||
8 | the commission of a felony as a member of or on behalf | ||||||
9 | of a
criminal street gang, (B) an offense
involving the | ||||||
10 | use of a firearm in the commission of a felony, (C)
a | ||||||
11 | Class X felony offense under the Cannabis Control Act | ||||||
12 | or a second or
subsequent Class 2 or
greater felony | ||||||
13 | offense under the Cannabis Control Act, (D) a
second or | ||||||
14 | subsequent offense under Section 402 of the Illinois
| ||||||
15 | Controlled Substances Act, or (E) an offense under | ||||||
16 | Section 401 of the Illinois
Controlled Substances Act.
| ||||||
17 | (6) Nothing in this Section shall be construed to limit the | ||||||
18 | use of a
adjudication of delinquency as
evidence in any | ||||||
19 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
20 | admissible under the rules of evidence, including but not | ||||||
21 | limited to, use as
impeachment evidence against any witness, | ||||||
22 | including the minor if he or she
testifies.
| ||||||
23 | (7) Nothing in this Section shall affect the right of a | ||||||
24 | Civil Service
Commission or appointing authority examining the | ||||||
25 | character and fitness of
an applicant for a position as a law | ||||||
26 | enforcement officer to ascertain
whether that applicant was | ||||||
27 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
28 | examine the records or evidence which were made in
proceedings | ||||||
29 | under this Act.
| ||||||
30 | (8) Following any adjudication of delinquency for a crime | ||||||
31 | which would be
a felony if committed by an adult, or following | ||||||
32 | any adjudication of delinquency
for a violation of Section | ||||||
33 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
34 | State's Attorney shall ascertain
whether the minor respondent | ||||||
35 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
36 | sentencing order to the principal or chief administrative
|
| |||||||
|
|||||||
1 | officer of the school. Access to such juvenile records shall be | ||||||
2 | limited
to the principal or chief administrative officer of the | ||||||
3 | school and any guidance
counselor designated by him or her.
| ||||||
4 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
5 | disclosure of information or records relating or pertaining to | ||||||
6 | juveniles
subject to the provisions of the Serious Habitual | ||||||
7 | Offender Comprehensive
Action Program when that information is | ||||||
8 | used to assist in the early
identification and treatment of | ||||||
9 | habitual juvenile offenders.
| ||||||
10 | (11) The Clerk of the Circuit Court shall report to the | ||||||
11 | Department of
State
Police, in the form and manner required by | ||||||
12 | the Department of State Police, the
final disposition of each | ||||||
13 | minor who has been arrested or taken into custody
before his or | ||||||
14 | her 17th birthday for those offenses required to be reported
| ||||||
15 | under Section 5 of the Criminal Identification Act. Information | ||||||
16 | reported to
the Department under this Section may be maintained | ||||||
17 | with records that the
Department files under Section 2.1 of the | ||||||
18 | Criminal Identification Act.
| ||||||
19 | (12) Information or records may be disclosed to the general | ||||||
20 | public when the
court is conducting hearings under Section | ||||||
21 | 5-805 or 5-810.
| ||||||
22 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
23 | (705 ILCS 405/5-905)
| ||||||
24 | Sec. 5-905. Law enforcement records.
| ||||||
25 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
26 | enforcement records maintained by law enforcement
agencies | ||||||
27 | that relate to a minor who has been arrested or taken into | ||||||
28 | custody
before his or her 17th birthday shall be restricted to | ||||||
29 | the following and when
necessary for the discharge of their | ||||||
30 | official duties:
| ||||||
31 | (a) A judge of the circuit court and members of the | ||||||
32 | staff of the court
designated by the judge;
| ||||||
33 | (b) Law enforcement officers, probation officers or | ||||||
34 | prosecutors or their
staff;
| ||||||
35 | (b-5) A fire or arson investigator of the Office of the |
| |||||||
|
|||||||
1 | State Fire
Marshal
or
of a
local fire department or fire | ||||||
2 | protection district or a person classified as a
peace | ||||||
3 | officer
under the Peace Officer Fire Investigation Act;
| ||||||
4 | (c) The minor, the minor's parents or legal guardian | ||||||
5 | and their attorneys,
but only when the juvenile has been | ||||||
6 | charged with an offense;
| ||||||
7 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
8 | (e) Authorized military personnel;
| ||||||
9 | (f) Persons engaged in bona fide research, with the | ||||||
10 | permission of the
judge of juvenile court and the chief | ||||||
11 | executive of the agency that prepared the
particular | ||||||
12 | recording: provided that publication of such research | ||||||
13 | results in no
disclosure of a minor's identity and protects | ||||||
14 | the confidentiality of the
record;
| ||||||
15 | (g) Individuals responsible for supervising or | ||||||
16 | providing temporary or
permanent care and custody of minors | ||||||
17 | pursuant to orders of the juvenile court
or directives from | ||||||
18 | officials of the Department of Children and Family
Services | ||||||
19 | or the Department of Human Services who certify in writing | ||||||
20 | that the
information will not be disclosed to any other | ||||||
21 | party except as provided under
law or order of court;
| ||||||
22 | (h) The appropriate school official. Inspection and | ||||||
23 | copying
shall be limited to law enforcement records | ||||||
24 | transmitted to the appropriate
school official by a local | ||||||
25 | law enforcement agency under a reciprocal reporting
system | ||||||
26 | established and maintained between the school district and | ||||||
27 | the local law
enforcement agency under Section 10-20.14 of | ||||||
28 | the School Code concerning a minor
enrolled in a school | ||||||
29 | within the school district who has been arrested
for any | ||||||
30 | offense classified as a felony or a Class A or B | ||||||
31 | misdemeanor.
| ||||||
32 | (2) Information identifying victims and alleged victims of | ||||||
33 | sex offenses,
shall not be disclosed or open to public | ||||||
34 | inspection under any circumstances.
Nothing in this Section | ||||||
35 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
36 | from voluntarily disclosing his or her identity.
|
| |||||||
|
|||||||
1 | (3) Relevant information, reports and records shall be made | ||||||
2 | available to the
Department of Corrections when a juvenile | ||||||
3 | offender has been placed in the
custody of the Department of | ||||||
4 | Corrections, Juvenile Division.
| ||||||
5 | (4) Nothing in this Section shall prohibit the inspection | ||||||
6 | or disclosure to
victims and witnesses of photographs contained | ||||||
7 | in the records of law
enforcement agencies when the inspection | ||||||
8 | or disclosure is conducted in the
presence of a law enforcement | ||||||
9 | officer for purposes of identification or
apprehension of any | ||||||
10 | person in the course of any criminal investigation or
| ||||||
11 | prosecution.
| ||||||
12 | (5) The records of law enforcement officers concerning all | ||||||
13 | minors under
17 years of age must be maintained separate from | ||||||
14 | the records of adults and
may not be open to public inspection | ||||||
15 | or their contents disclosed to the
public except by order of | ||||||
16 | the court or when the institution of criminal
proceedings has | ||||||
17 | been permitted under Section 5-130 or 5-805 or required
under | ||||||
18 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
19 | crime and is the
subject of
pre-sentence investigation or when | ||||||
20 | provided by law.
| ||||||
21 | (6) Except as otherwise provided in this subsection (6), | ||||||
22 | law enforcement
officers may not disclose the identity of any | ||||||
23 | minor
in releasing information to the general public as to the | ||||||
24 | arrest, investigation
or disposition of any case involving a | ||||||
25 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
26 | petition the court to
disclose the name and address of the | ||||||
27 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
28 | a finding by clear and convincing evidence that the
disclosure | ||||||
29 | is either necessary for the victim to pursue a civil remedy | ||||||
30 | against
the minor or the minor's parents or legal guardian, or | ||||||
31 | both, or to protect the
victim's person or property from the | ||||||
32 | minor, then the court may order the
disclosure of the | ||||||
33 | information to the victim or to the parent or legal guardian
of | ||||||
34 | the victim only for the purpose of the victim pursuing a civil | ||||||
35 | remedy
against the minor or the minor's parents or legal | ||||||
36 | guardian, or both, or to
protect the victim's person or |
| |||||||
|
|||||||
1 | property from the minor.
| ||||||
2 | (7) Nothing contained in this Section shall prohibit law | ||||||
3 | enforcement
agencies when acting in their official capacity | ||||||
4 | from communicating with each
other by letter, memorandum, | ||||||
5 | teletype or
intelligence alert bulletin or other means the | ||||||
6 | identity or other relevant
information pertaining to a person | ||||||
7 | under 17 years of age. The information
provided under this | ||||||
8 | subsection (7) shall remain confidential and shall not
be | ||||||
9 | publicly disclosed, except as otherwise allowed by law.
| ||||||
10 | (8) No person shall disclose information under this Section | ||||||
11 | except when
acting in his or her official capacity and as | ||||||
12 | provided by law or order of
court.
| ||||||
13 | (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
|