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1 | AN ACT in relation to minors.
| |||||||||||||||||||||||||
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, 5-901, and 5-905 as follows:
| |||||||||||||||||||||||||
6 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| |||||||||||||||||||||||||
7 | Sec. 1-7. Confidentiality of law enforcement records.
| |||||||||||||||||||||||||
8 | (A) Inspection and copying of law enforcement records | |||||||||||||||||||||||||
9 | maintained by law
enforcement agencies that relate to a minor | |||||||||||||||||||||||||
10 | who has been arrested or taken
into custody before his or her | |||||||||||||||||||||||||
11 | 17th birthday shall be restricted to the
following:
| |||||||||||||||||||||||||
12 | (1) Any local, State or federal law enforcement | |||||||||||||||||||||||||
13 | officers of any
jurisdiction or agency when necessary for | |||||||||||||||||||||||||
14 | the discharge of their official
duties during the | |||||||||||||||||||||||||
15 | investigation or prosecution of a crime or relating to a
| |||||||||||||||||||||||||
16 | minor who has been adjudicated delinquent and there has | |||||||||||||||||||||||||
17 | been a previous finding
that the act which constitutes the | |||||||||||||||||||||||||
18 | previous offense was committed in
furtherance of criminal | |||||||||||||||||||||||||
19 | activities by a criminal street gang. For purposes of
this | |||||||||||||||||||||||||
20 | Section, "criminal street gang" has the meaning ascribed to | |||||||||||||||||||||||||
21 | it in
Section 10 of the Illinois Streetgang Terrorism | |||||||||||||||||||||||||
22 | Omnibus Prevention Act.
| |||||||||||||||||||||||||
23 | (1.5) A fire or arson investigator of the Office of the | |||||||||||||||||||||||||
24 | State Fire
Marshal or
of a
local fire department or fire | |||||||||||||||||||||||||
25 | protection district or a person classified as a
peace | |||||||||||||||||||||||||
26 | officer
under the Peace Officer Fire Investigation Act | |||||||||||||||||||||||||
27 | during the investigation or
prosecution of
an arson.
| |||||||||||||||||||||||||
28 | (2) Prosecutors, probation officers, social workers, | |||||||||||||||||||||||||
29 | or other
individuals assigned by the court to conduct a | |||||||||||||||||||||||||
30 | pre-adjudication or
pre-disposition investigation, and | |||||||||||||||||||||||||
31 | individuals responsible for supervising
or providing | |||||||||||||||||||||||||
32 | temporary or permanent care and custody for minors pursuant |
| |||||||
|
|||||||
1 | to
the order of the juvenile court, when essential to | ||||||
2 | performing their
responsibilities.
| ||||||
3 | (3) Prosecutors and probation officers:
| ||||||
4 | (a) in the course of a trial when institution of | ||||||
5 | criminal proceedings
has been permitted or required | ||||||
6 | under Section 5-805; or
| ||||||
7 | (b) when institution of criminal proceedings has | ||||||
8 | been permitted or required under Section 5-805 and such | ||||||
9 | minor is the
subject
of a proceeding to determine the | ||||||
10 | amount of bail; or
| ||||||
11 | (c) when criminal proceedings have been permitted
| ||||||
12 | or
required under Section 5-805 and such minor is the | ||||||
13 | subject of a
pre-trial
investigation, pre-sentence | ||||||
14 | investigation, fitness hearing, or proceedings
on an | ||||||
15 | application for probation.
| ||||||
16 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
17 | (5) Authorized military personnel.
| ||||||
18 | (6) Persons engaged in bona fide research, with the | ||||||
19 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
20 | the chief executive of the respective
law enforcement | ||||||
21 | agency; provided that publication of such research results
| ||||||
22 | in no disclosure of a minor's identity and protects the | ||||||
23 | confidentiality
of the minor's record.
| ||||||
24 | (7) Department of Children and Family Services child | ||||||
25 | protection
investigators acting in their official | ||||||
26 | capacity.
| ||||||
27 | (8) The appropriate school official. Inspection and | ||||||
28 | copying
shall be limited to law enforcement records | ||||||
29 | transmitted to the appropriate
school official by a local | ||||||
30 | law enforcement agency under a reciprocal reporting
system | ||||||
31 | established and maintained between the school district and | ||||||
32 | the local law
enforcement agency under Section 10-20.14 of | ||||||
33 | the School Code concerning a minor
enrolled in a school | ||||||
34 | within the school district who has been arrested or taken
| ||||||
35 | into custody for any of the following offenses:
| ||||||
36 | (i) unlawful use of weapons under Section 24-1 of |
| |||||||
|
|||||||
1 | the Criminal Code of
1961;
| ||||||
2 | (ii) a violation of the Illinois Controlled | ||||||
3 | Substances Act;
| ||||||
4 | (iii) a violation of the Cannabis Control Act; or
| ||||||
5 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
6 | the Criminal Code
of 1961.
| ||||||
7 | (9) Mental health professionals on behalf of the | ||||||
8 | Illinois Department of
Corrections or the Department of | ||||||
9 | Human Services or prosecutors who are
evaluating, | ||||||
10 | prosecuting, or investigating a potential or actual | ||||||
11 | petition
brought
under the Sexually Violent Persons | ||||||
12 | Commitment Act relating to a person who is
the
subject of | ||||||
13 | juvenile law enforcement records or the respondent to a | ||||||
14 | petition
brought under the Sexually Violent Persons | ||||||
15 | Commitment Act who is the subject of
the
juvenile law | ||||||
16 | enforcement records sought.
Any records and any | ||||||
17 | information obtained from those records under this
| ||||||
18 | paragraph (9) may be used only in sexually violent persons | ||||||
19 | commitment
proceedings.
| ||||||
20 | (B) (1) Except as provided in paragraph (2), no law | ||||||
21 | enforcement
officer or other person or agency may knowingly | ||||||
22 | transmit to the Department of
Corrections, Adult Division | ||||||
23 | or the Department of State Police or to the Federal
Bureau | ||||||
24 | of Investigation any fingerprint or photograph relating to | ||||||
25 | a minor who
has been arrested or taken into custody before | ||||||
26 | his or her 17th birthday,
unless the court in proceedings | ||||||
27 | under this Act authorizes the transmission or
enters an | ||||||
28 | order under Section 5-805 permitting or requiring the
| ||||||
29 | institution of
criminal proceedings.
| ||||||
30 | (2) Law enforcement officers or other persons or | ||||||
31 | agencies shall transmit
to the Department of State Police | ||||||
32 | copies of fingerprints and descriptions
of all minors who | ||||||
33 | have been arrested or taken into custody before their
17th | ||||||
34 | birthday for the offense of unlawful use of weapons under | ||||||
35 | Article 24 of
the Criminal Code of 1961, a Class X or Class | ||||||
36 | 1 felony, a forcible felony as
defined in Section 2-8 of |
| |||||||
|
|||||||
1 | the Criminal Code of 1961, or a Class 2 or greater
felony | ||||||
2 | under the Cannabis Control Act, the Illinois Controlled | ||||||
3 | Substances Act,
or Chapter 4 of the Illinois Vehicle Code, | ||||||
4 | pursuant to Section 5 of the
Criminal Identification Act. | ||||||
5 | Information reported to the Department pursuant
to this | ||||||
6 | Section may be maintained with records that the Department | ||||||
7 | files
pursuant to Section 2.1 of the Criminal | ||||||
8 | Identification Act. Nothing in this
Act prohibits a law | ||||||
9 | enforcement agency from fingerprinting a minor taken into
| ||||||
10 | custody or arrested before his or her 17th birthday for an | ||||||
11 | offense other than
those listed in this paragraph (2).
| ||||||
12 | (C) The records of law enforcement officers concerning all | ||||||
13 | minors under
17 years of age must be maintained separate from | ||||||
14 | the records of arrests 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 or required under Section
5-805 or such a person | ||||||
18 | has been convicted of a crime and is the
subject of
| ||||||
19 | pre-sentence investigation or proceedings on an application | ||||||
20 | for probation
or when provided by law.
| ||||||
21 | (D) Nothing contained in subsection (C) of this Section | ||||||
22 | shall prohibit
the inspection or disclosure to victims and | ||||||
23 | witnesses of photographs
contained in the records of law | ||||||
24 | enforcement agencies when the
inspection and disclosure is | ||||||
25 | conducted in the presence of a law enforcement
officer for the | ||||||
26 | purpose of the identification or apprehension of any person
| ||||||
27 | subject to the provisions of this Act or for the investigation | ||||||
28 | or
prosecution of any crime.
| ||||||
29 | (E) Law enforcement officers may not disclose the identity | ||||||
30 | of any minor
in releasing information to the general public as | ||||||
31 | to the arrest, investigation
or disposition of any case | ||||||
32 | involving a minor.
| ||||||
33 | (F) Nothing contained in this Section shall prohibit law | ||||||
34 | enforcement
agencies from communicating with each other by | ||||||
35 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
36 | other means the identity or other relevant
information |
| |||||||
|
|||||||
1 | pertaining to a person under 17 years of age if there are
| ||||||
2 | reasonable grounds to believe that the person poses a real and | ||||||
3 | present danger
to the safety of the public or law enforcement | ||||||
4 | officers. The information
provided under this subsection (F) | ||||||
5 | shall remain confidential and shall not
be publicly disclosed, | ||||||
6 | except as otherwise allowed by law.
| ||||||
7 | (G) Nothing in this Section shall prohibit the right of a | ||||||
8 | Civil Service
Commission or appointing authority of any state, | ||||||
9 | county or municipality
examining the character and fitness of | ||||||
10 | an applicant for employment with a law
enforcement agency, | ||||||
11 | correctional institution, or fire department
from obtaining | ||||||
12 | and examining the
records of any law enforcement agency | ||||||
13 | relating to any record of the applicant
having been arrested or | ||||||
14 | taken into custody before the applicant's 17th
birthday.
| ||||||
15 | (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff.
1-1-00; | ||||||
16 | 92-415, eff. 8-17-01.)
| ||||||
17 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
18 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
19 | court records.
| ||||||
20 | (A) Inspection and copying of juvenile court records | ||||||
21 | relating to a minor
who is the subject of a proceeding under | ||||||
22 | this Act shall be restricted to the
following:
| ||||||
23 | (1) The minor who is the subject of record, his | ||||||
24 | parents, guardian
and counsel.
| ||||||
25 | (2) Law enforcement officers and law enforcement | ||||||
26 | agencies when such
information is essential to executing an | ||||||
27 | arrest or search warrant or other
compulsory process, or to | ||||||
28 | conducting an ongoing investigation
or relating to a minor | ||||||
29 | who
has been adjudicated delinquent and there has been a | ||||||
30 | previous finding that
the act which constitutes the | ||||||
31 | previous offense was committed in furtherance
of criminal | ||||||
32 | activities by a criminal street gang.
| ||||||
33 | Before July 1, 1994, for the purposes of this Section, | ||||||
34 | "criminal street
gang" means any ongoing
organization, | ||||||
35 | association, or group of 3 or more persons, whether formal |
| |||||||
|
|||||||
1 | or
informal, having as one of its primary activities the | ||||||
2 | commission of one or
more criminal acts and that has a | ||||||
3 | common name or common identifying sign,
symbol or specific | ||||||
4 | color apparel displayed, and whose members individually
or | ||||||
5 | collectively engage in or have engaged in a pattern of | ||||||
6 | criminal activity.
| ||||||
7 | Beginning July 1, 1994, for purposes of this Section, | ||||||
8 | "criminal street
gang" has the meaning ascribed to it in | ||||||
9 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
10 | Prevention Act.
| ||||||
11 | (2.5) A fire or arson investigator of the Office of the | ||||||
12 | State Fire
Marshal
or
of a
local fire department or fire | ||||||
13 | protection district or a person classified as a
peace | ||||||
14 | officer
under the Peace Officer Fire Investigation Act | ||||||
15 | during the investigation or
prosecution of
an arson.
| ||||||
16 | (3) Judges, hearing officers, prosecutors, probation | ||||||
17 | officers, social
workers or other
individuals assigned by | ||||||
18 | the court to conduct a pre-adjudication or
predisposition | ||||||
19 | investigation, and individuals responsible for supervising
| ||||||
20 | or providing temporary or permanent care and custody for | ||||||
21 | minors pursuant
to the order of the juvenile court when | ||||||
22 | essential to performing their
responsibilities.
| ||||||
23 | (4) Judges, prosecutors and probation officers:
| ||||||
24 | (a) in the course of a trial when institution of | ||||||
25 | criminal proceedings
has been permitted or required | ||||||
26 | under Section 5-805; or
| ||||||
27 | (b) when criminal proceedings have been permitted
| ||||||
28 | or
required under Section 5-805 and a minor is the | ||||||
29 | subject of a
proceeding to
determine the amount of | ||||||
30 | bail; or
| ||||||
31 | (c) when criminal proceedings have been permitted
| ||||||
32 | or
required under Section 5-805 and a minor is the | ||||||
33 | subject of a
pre-trial
investigation, pre-sentence | ||||||
34 | investigation or fitness hearing, or
proceedings on an | ||||||
35 | application for probation; or
| ||||||
36 | (d) when a minor becomes 17 years of age or older, |
| |||||||
|
|||||||
1 | and is the subject
of criminal proceedings, including a | ||||||
2 | hearing to determine the amount of
bail, a pre-trial | ||||||
3 | investigation, a pre-sentence investigation, a fitness
| ||||||
4 | hearing, or proceedings on an application for | ||||||
5 | probation.
| ||||||
6 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
7 | (6) Authorized military personnel.
| ||||||
8 | (7) Victims, their subrogees and legal | ||||||
9 | representatives; however, such
persons shall have access | ||||||
10 | only to the name and address of the minor and
information | ||||||
11 | pertaining to the disposition or alternative adjustment | ||||||
12 | plan
of the juvenile court.
| ||||||
13 | (8) Persons engaged in bona fide research, with the | ||||||
14 | permission of the
presiding judge of the juvenile court and | ||||||
15 | the chief executive of the agency
that prepared the | ||||||
16 | particular records; provided that publication of such
| ||||||
17 | research results in no disclosure of a minor's identity and | ||||||
18 | protects the
confidentiality of the record.
| ||||||
19 | (9) The Secretary of State to whom the Clerk of the | ||||||
20 | Court shall report
the disposition of all cases, as | ||||||
21 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
22 | However, information reported relative to these offenses | ||||||
23 | shall
be privileged and available only to the Secretary of | ||||||
24 | State, courts, and police
officers.
| ||||||
25 | (10) The administrator of a bonafide substance abuse | ||||||
26 | student
assistance program with the permission of the | ||||||
27 | presiding judge of the
juvenile court.
| ||||||
28 | (11) Mental health professionals on behalf of the | ||||||
29 | Illinois Department of
Corrections or the Department of | ||||||
30 | Human Services or prosecutors who are
evaluating, | ||||||
31 | prosecuting, or investigating a potential or actual | ||||||
32 | petition
brought
under the Sexually Persons Commitment Act | ||||||
33 | relating to a person who is the
subject of
juvenile court | ||||||
34 | records or the respondent to a petition brought under
the
| ||||||
35 | Sexually Violent Persons Commitment Act, who is the subject | ||||||
36 | of juvenile
court records
sought. Any records and any |
| |||||||
|
|||||||
1 | information obtained from those records under this
| ||||||
2 | paragraph (11) may be used only in sexually violent persons | ||||||
3 | commitment
proceedings.
| ||||||
4 | (B) A minor who is the victim in a juvenile proceeding | ||||||
5 | shall be
provided the same confidentiality regarding | ||||||
6 | disclosure of identity as the
minor who is the subject of | ||||||
7 | record.
| ||||||
8 | (C) Except as otherwise provided in this subsection (C), | ||||||
9 | juvenile court
records shall not be made available to the | ||||||
10 | general public
but may be inspected by representatives of | ||||||
11 | agencies, associations and news
media or other properly | ||||||
12 | interested persons by general or special order of
the court. | ||||||
13 | The State's Attorney, the minor, his parents, guardian and | ||||||
14 | counsel
shall at all times have the right to examine court | ||||||
15 | files and records.
| ||||||
16 | (1) The
court shall allow the general public to have | ||||||
17 | access to the name, address, and offense of a minor
who is | ||||||
18 | adjudicated a delinquent minor under this Act under either | ||||||
19 | of the
following circumstances:
| ||||||
20 | (A) The
adjudication of
delinquency was based upon | ||||||
21 | the
minor's
commission of first degree murder, attempt | ||||||
22 | to commit first degree
murder, aggravated criminal | ||||||
23 | sexual assault, or criminal sexual assault; or
| ||||||
24 | (B) The court has made a finding that the minor was | ||||||
25 | at least 13 years of
age
at the time the act was | ||||||
26 | committed and the adjudication of delinquency was | ||||||
27 | based
upon the minor's commission of: (i)
an act in | ||||||
28 | furtherance of the commission of a felony as a member | ||||||
29 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
30 | involving the use of a firearm in the commission of a
| ||||||
31 | felony, (iii) an act that would be a Class X felony | ||||||
32 | offense
under or
the minor's second or subsequent
Class | ||||||
33 | 2 or greater felony offense under the Cannabis Control | ||||||
34 | Act if committed by an adult,
(iv) an act that would be | ||||||
35 | a second or subsequent offense under Section 402 of
the | ||||||
36 | Illinois Controlled Substances Act if committed by an |
| |||||||
|
|||||||
1 | adult, or (v) an act
that would be an offense under | ||||||
2 | Section 401 of the Illinois Controlled
Substances Act | ||||||
3 | if committed by an adult.
| ||||||
4 | (2) The court
shall allow the general public to have | ||||||
5 | access to the name, address, and offense of a minor who is | ||||||
6 | at least 13 years of age at
the time the offense
is | ||||||
7 | committed and who is convicted, in criminal proceedings
| ||||||
8 | permitted or required under Section 5-4, under either of | ||||||
9 | the following
circumstances:
| ||||||
10 | (A) The minor has been convicted of first degree | ||||||
11 | murder, attempt
to commit first degree
murder, | ||||||
12 | aggravated criminal sexual
assault, or criminal sexual | ||||||
13 | assault,
| ||||||
14 | (B) The court has made a finding that the minor was | ||||||
15 | at least 13 years
of age
at the time the offense was | ||||||
16 | committed and the conviction was based upon the
minor's | ||||||
17 | commission of: (i)
an offense in
furtherance of the | ||||||
18 | commission of a felony as a member of or on behalf of a
| ||||||
19 | criminal street gang, (ii) an offense
involving the use | ||||||
20 | of a firearm in the commission of a felony, (iii)
a | ||||||
21 | Class X felony offense under or a second or subsequent | ||||||
22 | Class 2 or
greater felony offense under the Cannabis | ||||||
23 | Control Act, (iv) a
second or subsequent offense under | ||||||
24 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
25 | or (v) an offense under Section 401 of the Illinois
| ||||||
26 | Controlled Substances Act.
| ||||||
27 | (D) Pending or following any adjudication of delinquency | ||||||
28 | for
any offense defined
in Sections 12-13 through 12-16 of the | ||||||
29 | Criminal Code of 1961,
the victim of any such offense shall | ||||||
30 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
31 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
32 | juvenile who is the subject of the adjudication, | ||||||
33 | notwithstanding any other
provision of this Act, shall be | ||||||
34 | treated
as an adult for the purpose of affording such rights to | ||||||
35 | the victim.
| ||||||
36 | (E) Nothing in this Section shall affect 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 to
ascertain
| ||||||
5 | whether that applicant was ever adjudicated to be a delinquent | ||||||
6 | minor and,
if so, to examine the records of disposition or | ||||||
7 | evidence which were made in
proceedings under this Act.
| ||||||
8 | (F) Following any adjudication of delinquency for a crime | ||||||
9 | which would be
a felony if committed by an adult, or following | ||||||
10 | any adjudication of delinquency
for a violation of Section | ||||||
11 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
12 | State's Attorney shall ascertain
whether the minor respondent | ||||||
13 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
14 | dispositional order to the principal or chief administrative
| ||||||
15 | officer of the school. Access to such juvenile records shall be | ||||||
16 | limited
to the principal or chief administrative officer of the | ||||||
17 | school and any guidance
counselor designated by him.
| ||||||
18 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
19 | disclosure of information or records relating or pertaining to | ||||||
20 | juveniles
subject to the provisions of the Serious Habitual | ||||||
21 | Offender Comprehensive
Action Program when that information is | ||||||
22 | used to assist in the early
identification and treatment of | ||||||
23 | habitual juvenile offenders.
| ||||||
24 | (H) When a Court hearing a proceeding under Article II of | ||||||
25 | this Act becomes
aware that an earlier proceeding under Article | ||||||
26 | II had been heard in a different
county, that Court shall | ||||||
27 | request, and the Court in which the earlier
proceedings were | ||||||
28 | initiated shall transmit, an authenticated copy of the Court
| ||||||
29 | record, including all documents, petitions, and orders filed | ||||||
30 | therein and the
minute orders, transcript of proceedings, and | ||||||
31 | docket entries of the Court.
| ||||||
32 | (I) The Clerk of the Circuit Court shall report to the | ||||||
33 | Department of
State
Police, in the form and manner required by | ||||||
34 | the Department of State Police, the
final disposition of each | ||||||
35 | minor who has been arrested or taken into custody
before his or | ||||||
36 | her 17th birthday for those offenses required to be reported
|
| |||||||
|
|||||||
1 | under Section 5 of the Criminal Identification Act. Information | ||||||
2 | reported to
the Department under this Section may be maintained | ||||||
3 | with records that the
Department files under Section 2.1 of the | ||||||
4 | Criminal Identification Act.
| ||||||
5 | (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, | ||||||
6 | 92-415, eff.
8-17-01.)
| ||||||
7 | (705 ILCS 405/5-901)
| ||||||
8 | Sec. 5-901. Court file.
| ||||||
9 | (1) The Court file with respect to proceedings under this
| ||||||
10 | Article shall consist of the petitions, pleadings, victim | ||||||
11 | impact statements,
process,
service of process, orders, writs | ||||||
12 | and docket entries reflecting hearings held
and judgments and | ||||||
13 | decrees entered by the court. The court file shall be
kept | ||||||
14 | separate from other records of the court.
| ||||||
15 | (a) The file, including information identifying the | ||||||
16 | victim or alleged
victim of any sex
offense, shall be | ||||||
17 | disclosed only to the following parties when necessary for
| ||||||
18 | discharge of their official duties:
| ||||||
19 | (i) A judge of the circuit court and members of the | ||||||
20 | staff of the court
designated by the judge;
| ||||||
21 | (ii) Parties to the proceedings and their | ||||||
22 | attorneys;
| ||||||
23 | (iii) Victims and their attorneys, except in cases | ||||||
24 | of multiple victims
of
sex offenses in which case the | ||||||
25 | information identifying the nonrequesting
victims | ||||||
26 | shall be redacted;
| ||||||
27 | (iv) Probation officers, law enforcement officers | ||||||
28 | or prosecutors or
their
staff;
| ||||||
29 | (v) Adult and juvenile Prisoner Review Boards ; .
| ||||||
30 | (vi) A fire or arson investigator of the Office of | ||||||
31 | the State Fire
Marshal or of a
local fire department or | ||||||
32 | fire protection district or a person classified as a
| ||||||
33 | peace officer
under the Peace Officer Fire | ||||||
34 | Investigation Act.
| ||||||
35 | (b) The Court file redacted to remove any information |
| |||||||
|
|||||||
1 | identifying the
victim or alleged victim of any sex offense | ||||||
2 | shall be disclosed only to the
following parties when | ||||||
3 | necessary for discharge of their official duties:
| ||||||
4 | (i) Authorized military personnel;
| ||||||
5 | (ii) Persons engaged in bona fide research, with | ||||||
6 | the permission of the
judge of the juvenile court and | ||||||
7 | the chief executive of the agency that prepared
the
| ||||||
8 | particular recording: provided that publication of | ||||||
9 | such research results in no
disclosure of a minor's | ||||||
10 | identity and protects the confidentiality of the
| ||||||
11 | record;
| ||||||
12 | (iii) The Secretary of State to whom the Clerk of | ||||||
13 | the Court shall report
the disposition of all cases, as | ||||||
14 | required in Section 6-204 or Section 6-205.1
of the | ||||||
15 | Illinois
Vehicle Code. However, information reported | ||||||
16 | relative to these offenses shall
be privileged and | ||||||
17 | available only to the Secretary of State, courts, and | ||||||
18 | police
officers;
| ||||||
19 | (iv) The administrator of a bonafide substance | ||||||
20 | abuse student
assistance program with the permission | ||||||
21 | of the presiding judge of the
juvenile court;
| ||||||
22 | (v) Any individual, or any public or private agency | ||||||
23 | or institution,
having
custody of the juvenile under | ||||||
24 | court order or providing educational, medical or
| ||||||
25 | mental health services to the juvenile or a | ||||||
26 | court-approved advocate for the
juvenile or any | ||||||
27 | placement provider or potential placement provider as
| ||||||
28 | determined by the court.
| ||||||
29 | (3) A minor who is the victim or alleged victim in a | ||||||
30 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
31 | regarding disclosure of identity as the
minor who is the | ||||||
32 | subject of record.
Information identifying victims and alleged | ||||||
33 | victims of sex offenses,
shall not be disclosed or open to | ||||||
34 | public inspection under any circumstances.
Nothing in this | ||||||
35 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
36 | offense from voluntarily disclosing his or her identity.
|
| |||||||
|
|||||||
1 | (4) 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 | (5) Except as otherwise provided in this subsection (5), | ||||||
6 | juvenile court
records shall not be made available to the | ||||||
7 | general public
but may be inspected by representatives of | ||||||
8 | agencies, associations and news
media or other properly | ||||||
9 | interested persons by general or special order of
the court. | ||||||
10 | The State's Attorney, the minor, his or her parents, guardian | ||||||
11 | and
counsel
shall at all times have the right to examine court | ||||||
12 | files and records.
| ||||||
13 | (a) The
court shall allow the general public to have | ||||||
14 | access to the name, address, and
offense of a minor
who is | ||||||
15 | adjudicated a delinquent minor under this Act under either | ||||||
16 | of the
following circumstances:
| ||||||
17 | (i) The
adjudication of
delinquency was based upon | ||||||
18 | the
minor's
commission of first degree murder, attempt | ||||||
19 | to commit first degree
murder, aggravated criminal | ||||||
20 | sexual assault, or criminal sexual assault; or
| ||||||
21 | (ii) The court has made a finding that the minor | ||||||
22 | was at least 13 years
of
age
at the time the act was | ||||||
23 | committed and the adjudication of delinquency was | ||||||
24 | based
upon the minor's commission of: (A)
an act in | ||||||
25 | furtherance of the commission of a felony as a member | ||||||
26 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
27 | involving the use of a firearm in the commission of a
| ||||||
28 | felony, (C) an act that would be a Class X felony | ||||||
29 | offense
under or
the minor's second or subsequent
Class | ||||||
30 | 2 or greater felony offense under the Cannabis Control | ||||||
31 | Act if committed
by an adult,
(D) an act that would be | ||||||
32 | a second or subsequent offense under Section 402 of
the | ||||||
33 | Illinois Controlled Substances Act if committed by an | ||||||
34 | adult, or (E) an act
that would be an offense under | ||||||
35 | Section 401 of the Illinois Controlled
Substances Act | ||||||
36 | if committed by an adult.
|
| |||||||
|
|||||||
1 | (b) The court
shall allow the general public to have | ||||||
2 | access to the name, address, and offense
of a minor who is | ||||||
3 | at least 13 years of age at
the time the offense
is | ||||||
4 | committed and who is convicted, in criminal proceedings
| ||||||
5 | permitted or required under Section 5-805, under either of
| ||||||
6 | the following
circumstances:
| ||||||
7 | (i) The minor has been convicted of first degree | ||||||
8 | murder, attempt
to commit first degree
murder, | ||||||
9 | aggravated criminal sexual
assault, or criminal sexual | ||||||
10 | assault,
| ||||||
11 | (ii) The court has made a finding that the minor | ||||||
12 | was at least 13 years
of age
at the time the offense | ||||||
13 | was committed and the conviction was based upon the
| ||||||
14 | minor's commission of: (A)
an offense in
furtherance of | ||||||
15 | the commission of a felony as a member of or on behalf | ||||||
16 | of a
criminal street gang, (B) an offense
involving the | ||||||
17 | use of a firearm in the commission of a felony, (C)
a | ||||||
18 | Class X felony offense under the Cannabis Control Act | ||||||
19 | or a second or
subsequent Class 2 or
greater felony | ||||||
20 | offense under the Cannabis Control Act, (D) a
second or | ||||||
21 | subsequent offense under Section 402 of the Illinois
| ||||||
22 | Controlled Substances Act, or (E) an offense under | ||||||
23 | Section 401 of the Illinois
Controlled Substances Act.
| ||||||
24 | (6) Nothing in this Section shall be construed to limit the | ||||||
25 | use of a
adjudication of delinquency as
evidence in any | ||||||
26 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
27 | admissible under the rules of evidence, including but not | ||||||
28 | limited to, use as
impeachment evidence against any witness, | ||||||
29 | including the minor if he or she
testifies.
| ||||||
30 | (7) Nothing in this Section shall affect the right of a | ||||||
31 | Civil Service
Commission or appointing authority examining the | ||||||
32 | character and fitness of
an applicant for a position as a law | ||||||
33 | enforcement officer to ascertain
whether that applicant was | ||||||
34 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
35 | examine the records or evidence which were made in
proceedings | ||||||
36 | under this Act.
|
| |||||||
|
|||||||
1 | (8) 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 | sentencing 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 or her.
| ||||||
11 | (9) 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 | (11) The Clerk of the Circuit Court shall report to the | ||||||
18 | Department of
State
Police, in the form and manner required by | ||||||
19 | the Department of State Police, the
final disposition of each | ||||||
20 | minor who has been arrested or taken into custody
before his or | ||||||
21 | her 17th birthday for those offenses required to be reported
| ||||||
22 | under Section 5 of the Criminal Identification Act. Information | ||||||
23 | reported to
the Department under this Section may be maintained | ||||||
24 | with records that the
Department files under Section 2.1 of the | ||||||
25 | Criminal Identification Act.
| ||||||
26 | (12) Information or records may be disclosed to the general | ||||||
27 | public when the
court is conducting hearings under Section | ||||||
28 | 5-805 or 5-810.
| ||||||
29 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
30 | (705 ILCS 405/5-905)
| ||||||
31 | Sec. 5-905. Law enforcement records.
| ||||||
32 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
33 | enforcement records maintained by law enforcement
agencies | ||||||
34 | that relate to a minor who has been arrested or taken into | ||||||
35 | custody
before his or her 17th birthday shall be restricted to |
| |||||||
|
|||||||
1 | the following and when
necessary for the discharge of their | ||||||
2 | official duties:
| ||||||
3 | (a) A judge of the circuit court and members of the | ||||||
4 | staff of the court
designated by the judge;
| ||||||
5 | (b) Law enforcement officers, probation officers or | ||||||
6 | prosecutors or their
staff;
| ||||||
7 | (b-5) A fire or arson investigator of the Office of the | ||||||
8 | State Fire
Marshal
or
of a
local fire department or fire | ||||||
9 | protection district or a person classified as a
peace | ||||||
10 | officer
under the Peace Officer Fire Investigation Act;
| ||||||
11 | (c) The minor, the minor's parents or legal guardian | ||||||
12 | and their attorneys,
but only when the juvenile has been | ||||||
13 | charged with an offense;
| ||||||
14 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
15 | (e) Authorized military personnel;
| ||||||
16 | (f) Persons engaged in bona fide research, with the | ||||||
17 | permission of the
judge of juvenile court and the chief | ||||||
18 | executive of the agency that prepared the
particular | ||||||
19 | recording: provided that publication of such research | ||||||
20 | results in no
disclosure of a minor's identity and protects | ||||||
21 | the confidentiality of the
record;
| ||||||
22 | (g) Individuals responsible for supervising or | ||||||
23 | providing temporary or
permanent care and custody of minors | ||||||
24 | pursuant to orders of the juvenile court
or directives from | ||||||
25 | officials of the Department of Children and Family
Services | ||||||
26 | or the Department of Human Services who certify in writing | ||||||
27 | that the
information will not be disclosed to any other | ||||||
28 | party except as provided under
law or order of court;
| ||||||
29 | (h) The appropriate school official. Inspection and | ||||||
30 | copying
shall be limited to law enforcement records | ||||||
31 | transmitted to the appropriate
school official by a local | ||||||
32 | law enforcement agency under a reciprocal reporting
system | ||||||
33 | established and maintained between the school district and | ||||||
34 | the local law
enforcement agency under Section 10-20.14 of | ||||||
35 | the School Code concerning a minor
enrolled in a school | ||||||
36 | within the school district who has been arrested
for any |
| |||||||
|
|||||||
1 | offense classified as a felony or a Class A or B | ||||||
2 | misdemeanor.
| ||||||
3 | (2) Information identifying victims and alleged victims of | ||||||
4 | sex offenses,
shall not be disclosed or open to public | ||||||
5 | inspection under any circumstances.
Nothing in this Section | ||||||
6 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
7 | from voluntarily disclosing his or her identity.
| ||||||
8 | (3) Relevant information, reports and records shall be made | ||||||
9 | available to the
Department of Corrections when a juvenile | ||||||
10 | offender has been placed in the
custody of the Department of | ||||||
11 | Corrections, Juvenile Division.
| ||||||
12 | (4) Nothing in this Section shall prohibit the inspection | ||||||
13 | or disclosure to
victims and witnesses of photographs contained | ||||||
14 | in the records of law
enforcement agencies when the inspection | ||||||
15 | or disclosure is conducted in the
presence of a law enforcement | ||||||
16 | officer for purposes of identification or
apprehension of any | ||||||
17 | person in the course of any criminal investigation or
| ||||||
18 | prosecution.
| ||||||
19 | (5) The records of law enforcement officers concerning all | ||||||
20 | minors under
17 years of age must be maintained separate from | ||||||
21 | the records of adults and
may not be open to public inspection | ||||||
22 | or their contents disclosed to the
public except by order of | ||||||
23 | the court or when the institution of criminal
proceedings has | ||||||
24 | been permitted under Section 5-130 or 5-805 or required
under | ||||||
25 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
26 | crime and is the
subject of
pre-sentence investigation or when | ||||||
27 | provided by law.
| ||||||
28 | (6) Except as otherwise provided in this subsection (6), | ||||||
29 | law enforcement
officers may not disclose the identity of any | ||||||
30 | minor
in releasing information to the general public as to the | ||||||
31 | arrest, investigation
or disposition of any case involving a | ||||||
32 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
33 | petition the court to
disclose the name and address of the | ||||||
34 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
35 | a finding by clear and convincing evidence that the
disclosure | ||||||
36 | is either necessary for the victim to pursue a civil remedy |
| |||||||
|
|||||||
1 | against
the minor or the minor's parents or legal guardian, or | ||||||
2 | both, or to protect the
victim's person or property from the | ||||||
3 | minor, then the court may order the
disclosure of the | ||||||
4 | information to the victim or to the parent or legal guardian
of | ||||||
5 | the victim only for the purpose of the victim pursuing a civil | ||||||
6 | remedy
against the minor or the minor's parents or legal | ||||||
7 | guardian, or both, or to
protect the victim's person or | ||||||
8 | property from the minor.
| ||||||
9 | (7) Nothing contained in this Section shall prohibit law | ||||||
10 | enforcement
agencies when acting in their official capacity | ||||||
11 | from communicating with each
other by letter, memorandum, | ||||||
12 | teletype or
intelligence alert bulletin or other means the | ||||||
13 | identity or other relevant
information pertaining to a person | ||||||
14 | under 17 years of age. The information
provided under this | ||||||
15 | subsection (7) shall remain confidential and shall not
be | ||||||
16 | publicly disclosed, except as otherwise allowed by law.
| ||||||
17 | (8) No person shall disclose information under this Section | ||||||
18 | except when
acting in his or her official capacity and as | ||||||
19 | provided by law or order of
court.
| ||||||
20 | (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
|