95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2047

 

Introduced 2/7/2008, by Sen. Matt Murphy

 

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

    Amends the Juvenile Court Act of 1987. Provides that findings and exclusions of paternity entered in proceedings occurring under the Abused, Neglected, or Dependent Minors Article of the Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under the Determination and Enforcement of Support Responsibility of Relatives Article of the Illinois Public Aid Code. Effective immediately.


LRB095 18941 RLC 45097 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2047 LRB095 18941 RLC 45097 b

1     AN ACT concerning courts.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Section 1-8 as follows:
 
6     (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
7     Sec. 1-8. Confidentiality and accessibility of juvenile
8 court records.
9     (A) Inspection and copying of juvenile court records
10 relating to a minor who is the subject of a proceeding under
11 this Act shall be restricted to the following:
12         (1) The minor who is the subject of record, his
13     parents, guardian and counsel.
14         (2) Law enforcement officers and law enforcement
15     agencies when such information is essential to executing an
16     arrest or search warrant or other compulsory process, or to
17     conducting an ongoing investigation or relating to a minor
18     who has been adjudicated delinquent and there has been a
19     previous finding that the act which constitutes the
20     previous offense was committed in furtherance of criminal
21     activities by a criminal street gang.
22         Before July 1, 1994, for the purposes of this Section,
23     "criminal street gang" means any ongoing organization,

 

 

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1     association, or group of 3 or more persons, whether formal
2     or informal, having as one of its primary activities the
3     commission of one or more criminal acts and that has a
4     common name or common identifying sign, symbol or specific
5     color apparel displayed, and whose members individually or
6     collectively engage in or have engaged in a pattern of
7     criminal activity.
8         Beginning July 1, 1994, for purposes of this Section,
9     "criminal street gang" has the meaning ascribed to it in
10     Section 10 of the Illinois Streetgang Terrorism Omnibus
11     Prevention Act.
12         (3) Judges, hearing officers, prosecutors, probation
13     officers, social workers or other individuals assigned by
14     the court to conduct a pre-adjudication or predisposition
15     investigation, and individuals responsible for supervising
16     or providing temporary or permanent care and custody for
17     minors pursuant to the order of the juvenile court when
18     essential to performing their responsibilities.
19         (4) Judges, prosecutors and probation officers:
20             (a) in the course of a trial when institution of
21         criminal proceedings has been permitted or required
22         under Section 5-805; or
23             (b) when criminal proceedings have been permitted
24         or required under Section 5-805 and a minor is the
25         subject of a proceeding to determine the amount of
26         bail; or

 

 

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1             (c) when criminal proceedings have been permitted
2         or required under Section 5-805 and a minor is the
3         subject of a pre-trial investigation, pre-sentence
4         investigation or fitness hearing, or proceedings on an
5         application for probation; or
6             (d) when a minor becomes 17 years of age or older,
7         and is the subject of criminal proceedings, including a
8         hearing to determine the amount of bail, a pre-trial
9         investigation, a pre-sentence investigation, a fitness
10         hearing, or proceedings on an application for
11         probation.
12         (5) Adult and Juvenile Prisoner Review Boards.
13         (6) Authorized military personnel.
14         (7) Victims, their subrogees and legal
15     representatives; however, such persons shall have access
16     only to the name and address of the minor and information
17     pertaining to the disposition or alternative adjustment
18     plan of the juvenile court.
19         (8) Persons engaged in bona fide research, with the
20     permission of the presiding judge of the juvenile court and
21     the chief executive of the agency that prepared the
22     particular records; provided that publication of such
23     research results in no disclosure of a minor's identity and
24     protects the confidentiality of the record.
25         (9) The Secretary of State to whom the Clerk of the
26     Court shall report the disposition of all cases, as

 

 

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1     required in Section 6-204 of the Illinois Vehicle Code.
2     However, information reported relative to these offenses
3     shall be privileged and available only to the Secretary of
4     State, courts, and police officers.
5         (10) The administrator of a bonafide substance abuse
6     student assistance program with the permission of the
7     presiding judge of the juvenile court.
8         (11) Mental health professionals on behalf of the
9     Illinois Department of Corrections or the Department of
10     Human Services or prosecutors who are evaluating,
11     prosecuting, or investigating a potential or actual
12     petition brought under the Sexually Persons Commitment Act
13     relating to a person who is the subject of juvenile court
14     records or the respondent to a petition brought under the
15     Sexually Violent Persons Commitment Act, who is the subject
16     of juvenile court records sought. Any records and any
17     information obtained from those records under this
18     paragraph (11) may be used only in sexually violent persons
19     commitment proceedings.
20     (A-1) Findings and exclusions of paternity entered in
21 proceedings occurring under Article II of this Act shall be
22 disclosed, in a manner and form approved by the Presiding Judge
23 of the Juvenile Court, to the Department of Healthcare and
24 Family Services when necessary to discharge the duties of the
25 Department of Healthcare and Family Services under Article X of
26 the Illinois Public Aid Code.

 

 

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1     (B) A minor who is the victim in a juvenile proceeding
2 shall be provided the same confidentiality regarding
3 disclosure of identity as the minor who is the subject of
4 record.
5     (C) Except as otherwise provided in this subsection (C),
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 presiding over matters pursuant to this Act.
11         (0.1) In cases where the records concern a pending
12     juvenile court case, the party seeking to inspect the
13     juvenile court records shall provide actual notice to the
14     attorney or guardian ad litem of the minor whose records
15     are sought.
16         (0.2) In cases where the records concern a juvenile
17     court case that is no longer pending, the party seeking to
18     inspect the juvenile court records shall provide actual
19     notice to the minor or the minor's parent or legal
20     guardian, and the matter shall be referred to the chief
21     judge presiding over matters pursuant to this Act.
22         (0.3) In determining whether the records should be
23     available for inspection, the court shall consider the
24     minor's interest in confidentiality and rehabilitation
25     over the moving party's interest in obtaining the
26     information. The State's Attorney, the minor, and the

 

 

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1     minor's parents, guardian, and counsel shall at all times
2     have the right to examine court files and records. For
3     purposes of obtaining documents pursuant to this Section, a
4     civil subpoena is not an order of the court.
5         (0.4) Any records obtained in violation of this
6     subsection (C) shall not be admissible in any criminal or
7     civil proceeding, or operate to disqualify a minor from
8     subsequently holding public office, or operate as a
9     forfeiture of any public benefit, right, privilege, or
10     right to receive any license granted by public authority.
11         (1) The court shall allow the general public to have
12     access to the name, address, and offense of a minor who is
13     adjudicated a delinquent minor under this Act under either
14     of the following circumstances:
15             (A) The adjudication of delinquency was based upon
16         the minor's commission of first degree murder, attempt
17         to commit first degree murder, aggravated criminal
18         sexual assault, or criminal sexual assault; or
19             (B) The court has made a finding that the minor was
20         at least 13 years of age at the time the act was
21         committed and the adjudication of delinquency was
22         based upon the minor's commission of: (i) an act in
23         furtherance of the commission of a felony as a member
24         of or on behalf of a criminal street gang, (ii) an act
25         involving the use of a firearm in the commission of a
26         felony, (iii) an act that would be a Class X felony

 

 

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1         offense under or the minor's second or subsequent Class
2         2 or greater felony offense under the Cannabis Control
3         Act if committed by an adult, (iv) an act that would be
4         a second or subsequent offense under Section 402 of the
5         Illinois Controlled Substances Act if committed by an
6         adult, (v) an act that would be an offense under
7         Section 401 of the Illinois Controlled Substances Act
8         if committed by an adult, (vi) an act that would be a
9         second or subsequent offense under Section 60 of the
10         Methamphetamine Control and Community Protection Act,
11         or (vii) an act that would be an offense under another
12         Section of the Methamphetamine Control and Community
13         Protection Act.
14         (2) The court shall allow the general public to have
15     access to the name, address, and offense of a minor who is
16     at least 13 years of age at the time the offense is
17     committed and who is convicted, in criminal proceedings
18     permitted or required under Section 5-4, under either of
19     the following circumstances:
20             (A) The minor has been convicted of first degree
21         murder, attempt to commit first degree murder,
22         aggravated criminal sexual assault, or criminal sexual
23         assault,
24             (B) The court has made a finding that the minor was
25         at least 13 years of age at the time the offense was
26         committed and the conviction was based upon the minor's

 

 

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1         commission of: (i) an offense in furtherance of the
2         commission of a felony as a member of or on behalf of a
3         criminal street gang, (ii) an offense involving the use
4         of a firearm in the commission of a felony, (iii) a
5         Class X felony offense under or a second or subsequent
6         Class 2 or greater felony offense under the Cannabis
7         Control Act, (iv) a second or subsequent offense under
8         Section 402 of the Illinois Controlled Substances Act,
9         (v) an offense under Section 401 of the Illinois
10         Controlled Substances Act, (vi) an act that would be a
11         second or subsequent offense under Section 60 of the
12         Methamphetamine Control and Community Protection Act,
13         or (vii) an act that would be an offense under another
14         Section of the Methamphetamine Control and Community
15         Protection Act.
16     (D) Pending or following any adjudication of delinquency
17 for any offense defined in Sections 12-13 through 12-16 of the
18 Criminal Code of 1961, the victim of any such offense shall
19 receive the rights set out in Sections 4 and 6 of the Bill of
20 Rights for Victims and Witnesses of Violent Crime Act; and the
21 juvenile who is the subject of the adjudication,
22 notwithstanding any other provision of this Act, shall be
23 treated as an adult for the purpose of affording such rights to
24 the victim.
25     (E) Nothing in this Section shall affect the right of a
26 Civil Service Commission or appointing authority of any state,

 

 

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1 county or municipality examining the character and fitness of
2 an applicant for employment with a law enforcement agency,
3 correctional institution, or fire department to ascertain
4 whether that applicant was ever adjudicated to be a delinquent
5 minor and, if so, to examine the records of disposition or
6 evidence which were made in proceedings under this Act.
7     (F) Following any adjudication of delinquency for a crime
8 which would be a felony if committed by an adult, or following
9 any adjudication of delinquency for a violation of Section
10 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
11 State's Attorney shall ascertain whether the minor respondent
12 is enrolled in school and, if so, shall provide a copy of the
13 dispositional order to the principal or chief administrative
14 officer of the school. Access to such juvenile records shall be
15 limited to the principal or chief administrative officer of the
16 school and any guidance counselor designated by him.
17     (G) Nothing contained in this Act prevents the sharing or
18 disclosure of information or records relating or pertaining to
19 juveniles subject to the provisions of the Serious Habitual
20 Offender Comprehensive Action Program when that information is
21 used to assist in the early identification and treatment of
22 habitual juvenile offenders.
23     (H) When a Court hearing a proceeding under Article II of
24 this Act becomes aware that an earlier proceeding under Article
25 II had been heard in a different county, that Court shall
26 request, and the Court in which the earlier proceedings were

 

 

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1 initiated shall transmit, an authenticated copy of the Court
2 record, including all documents, petitions, and orders filed
3 therein and the minute orders, transcript of proceedings, and
4 docket entries of the Court.
5     (I) The Clerk of the Circuit Court shall report to the
6 Department of State Police, in the form and manner required by
7 the Department of State Police, the final disposition of each
8 minor who has been arrested or taken into custody before his or
9 her 17th birthday for those offenses required to be reported
10 under Section 5 of the Criminal Identification Act. Information
11 reported to the Department under this Section may be maintained
12 with records that the Department files under Section 2.1 of the
13 Criminal Identification Act.
14 (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.