96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0104

 

Introduced 1/30/2009, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-7   from Ch. 37, par. 801-7
705 ILCS 405/5-905

    Amends the Juvenile Court Act of 1987. Permits persons or their staff charged by a unit of local government with the duty of investigating the conduct of law enforcement officers to inspect and copy law enforcement records maintained by law enforcement agencies that relate to a minor who has been arrested or taken into custody before his or her 17th birthday. Effective immediately.


LRB096 04166 RLC 14457 b

 

 

A BILL FOR

 

SB0104 LRB096 04166 RLC 14457 b

1     AN ACT concerning juveniles.
 
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 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, or, when necessary
20     for the discharge of their official duties, persons or
21     their staff charged by a unit of local government with the
22     duty of investigating the conduct of law enforcement
23     officers. For purposes of this Section, "criminal street

 

 

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1     gang" has the meaning ascribed to it in Section 10 of the
2     Illinois Streetgang Terrorism Omnibus Prevention Act.
3         (2) Prosecutors, probation officers, social workers,
4     or other individuals assigned by the court to conduct a
5     pre-adjudication or pre-disposition investigation, and
6     individuals responsible for supervising or providing
7     temporary or permanent care and custody for minors pursuant
8     to the order of the juvenile court, when essential to
9     performing their responsibilities.
10         (3) Prosecutors and probation officers:
11             (a) in the course of a trial when institution of
12         criminal proceedings has been permitted or required
13         under Section 5-805; or
14             (b) when institution of criminal proceedings has
15         been permitted or required under Section 5-805 and such
16         minor is the subject of a proceeding to determine the
17         amount of bail; or
18             (c) when criminal proceedings have been permitted
19         or required under Section 5-805 and such minor is the
20         subject of a pre-trial investigation, pre-sentence
21         investigation, fitness hearing, or proceedings on an
22         application for probation.
23         (4) Adult and Juvenile Prisoner Review Board.
24         (5) Authorized military personnel.
25         (6) Persons engaged in bona fide research, with the
26     permission of the Presiding Judge of the Juvenile Court and

 

 

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1     the chief executive of the respective law enforcement
2     agency; provided that publication of such research results
3     in no disclosure of a minor's identity and protects the
4     confidentiality of the minor's record.
5         (7) Department of Children and Family Services child
6     protection investigators acting in their official
7     capacity.
8         (8) The appropriate school official. Inspection and
9     copying shall be limited to law enforcement records
10     transmitted to the appropriate school official by a local
11     law enforcement agency under a reciprocal reporting system
12     established and maintained between the school district and
13     the local law enforcement agency under Section 10-20.14 of
14     the School Code concerning a minor enrolled in a school
15     within the school district who has been arrested or taken
16     into custody for any of the following offenses:
17             (i) unlawful use of weapons under Section 24-1 of
18         the Criminal Code of 1961;
19             (ii) a violation of the Illinois Controlled
20         Substances Act;
21             (iii) a violation of the Cannabis Control Act;
22             (iv) a forcible felony as defined in Section 2-8 of
23         the Criminal Code of 1961; or
24             (v) a violation of the Methamphetamine Control and
25         Community Protection Act.
26         (9) Mental health professionals on behalf of the

 

 

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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

 

 

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1     birthday for the offense of unlawful use of weapons under
2     Article 24 of the Criminal Code of 1961, a Class X or Class
3     1 felony, a forcible felony as defined in Section 2-8 of
4     the Criminal Code of 1961, or a Class 2 or greater felony
5     under the Cannabis Control Act, the Illinois Controlled
6     Substances Act, the Methamphetamine Control and Community
7     Protection Act, or Chapter 4 of the Illinois Vehicle Code,
8     pursuant to Section 5 of the Criminal Identification Act.
9     Information reported to the Department pursuant to this
10     Section may be maintained with records that the Department
11     files pursuant to Section 2.1 of the Criminal
12     Identification Act. Nothing in this Act prohibits a law
13     enforcement agency from fingerprinting a minor taken into
14     custody or arrested before his or her 17th birthday for an
15     offense other than those listed in this paragraph (2).
16     (C) The records of law enforcement officers concerning all
17 minors under 17 years of age must be maintained separate from
18 the records of arrests and may not be open to public inspection
19 or their contents disclosed to the public except by order of
20 the court presiding over matters pursuant to this Act or when
21 the institution of criminal proceedings has been permitted or
22 required under Section 5-805 or such a person has been
23 convicted of a crime and is the subject of pre-sentence
24 investigation or proceedings on an application for probation or
25 when provided by law. For purposes of obtaining documents
26 pursuant to this Section, a civil subpoena is not an order of

 

 

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1 the court.
2         (1) In cases where the law enforcement records concern
3     a pending juvenile court case, the party seeking to inspect
4     the records shall provide actual notice to the attorney or
5     guardian ad litem of the minor whose records are sought.
6         (2) In cases where the records concern a juvenile court
7     case that is no longer pending, the party seeking to
8     inspect the records shall provide actual notice to the
9     minor or the minor's parent or legal guardian, and the
10     matter shall be referred to the chief judge presiding over
11     matters pursuant to this Act.
12         (3) In determining whether the records should be
13     available for inspection, the court shall consider the
14     minor's interest in confidentiality and rehabilitation
15     over the moving party's interest in obtaining the
16     information. Any records obtained in violation of this
17     subsection (C) shall not be admissible in any criminal or
18     civil proceeding, or operate to disqualify a minor from
19     subsequently holding public office or securing employment,
20     or operate as a forfeiture of any public benefit, right,
21     privilege, or right to receive any license granted by
22     public authority.
23     (D) Nothing contained in subsection (C) of this Section
24 shall prohibit the inspection or disclosure to victims and
25 witnesses of photographs contained in the records of law
26 enforcement agencies when the inspection and disclosure is

 

 

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1 conducted in the presence of a law enforcement officer for the
2 purpose of the identification or apprehension of any person
3 subject to the provisions of this Act or for the investigation
4 or prosecution of any crime.
5     (E) Law enforcement officers may not disclose the identity
6 of any minor in releasing information to the general public as
7 to the arrest, investigation or disposition of any case
8 involving a minor.
9     (F) Nothing contained in this Section shall prohibit law
10 enforcement agencies from communicating with each other by
11 letter, memorandum, teletype or intelligence alert bulletin or
12 other means the identity or other relevant information
13 pertaining to a person under 17 years of age if there are
14 reasonable grounds to believe that the person poses a real and
15 present danger to the safety of the public or law enforcement
16 officers. The information provided under this subsection (F)
17 shall remain confidential and shall not be publicly disclosed,
18 except as otherwise allowed by law.
19     (G) Nothing in this Section shall prohibit the right of a
20 Civil Service Commission or appointing authority of any state,
21 county or municipality examining the character and fitness of
22 an applicant for employment with a law enforcement agency,
23 correctional institution, or fire department from obtaining
24 and examining the records of any law enforcement agency
25 relating to any record of the applicant having been arrested or
26 taken into custody before the applicant's 17th birthday.

 

 

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1 (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
 
2     (705 ILCS 405/5-905)
3     Sec. 5-905. Law enforcement records.
4     (1) Law Enforcement Records. Inspection and copying of law
5 enforcement records maintained by law enforcement agencies
6 that relate to a minor who has been arrested or taken into
7 custody before his or her 17th birthday shall be restricted to
8 the following and when necessary for the discharge of their
9 official duties:
10         (a) A judge of the circuit court and members of the
11     staff of the court designated by the judge;
12         (b) Law enforcement officers, probation officers or
13     prosecutors or their staff, or persons or their staff
14     charged by a unit of local government with the duty of
15     investigating the conduct of law enforcement officers;
16         (c) The minor, the minor's parents or legal guardian
17     and their attorneys, but only when the juvenile has been
18     charged with an offense;
19         (d) Adult and Juvenile Prisoner Review Boards;
20         (e) Authorized military personnel;
21         (f) Persons engaged in bona fide research, with the
22     permission of the judge of juvenile court and the chief
23     executive of the agency that prepared the particular
24     recording: provided that publication of such research
25     results in no disclosure of a minor's identity and protects

 

 

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1     the confidentiality of the record;
2         (g) Individuals responsible for supervising or
3     providing temporary or permanent care and custody of minors
4     pursuant to orders of the juvenile court or directives from
5     officials of the Department of Children and Family Services
6     or the Department of Human Services who certify in writing
7     that the information will not be disclosed to any other
8     party except as provided under law or order of court;
9         (h) The appropriate school official. Inspection and
10     copying shall be limited to law enforcement records
11     transmitted to the appropriate school official by a local
12     law enforcement agency under a reciprocal reporting system
13     established and maintained between the school district and
14     the local law enforcement agency under Section 10-20.14 of
15     the School Code concerning a minor enrolled in a school
16     within the school district who has been arrested for any
17     offense classified as a felony or a Class A or B
18     misdemeanor.
19     (2) Information identifying victims and alleged victims of
20 sex offenses, shall not be disclosed or open to public
21 inspection under any circumstances. Nothing in this Section
22 shall prohibit the victim or alleged victim of any sex offense
23 from voluntarily disclosing his or her identity.
24     (3) Relevant information, reports and records shall be made
25 available to the Department of Juvenile Justice when a juvenile
26 offender has been placed in the custody of the Department of

 

 

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1 Juvenile Justice.
2     (4) Nothing in this Section shall prohibit the inspection
3 or disclosure to victims and witnesses of photographs contained
4 in the records of law enforcement agencies when the inspection
5 or disclosure is conducted in the presence of a law enforcement
6 officer for purposes of identification or apprehension of any
7 person in the course of any criminal investigation or
8 prosecution.
9     (5) The records of law enforcement officers concerning all
10 minors under 17 years of age must be maintained separate from
11 the records of adults and may not be open to public inspection
12 or their contents disclosed to the public except by order of
13 the court or when the institution of criminal proceedings has
14 been permitted under Section 5-130 or 5-805 or required under
15 Section 5-130 or 5-805 or such a person has been convicted of a
16 crime and is the subject of pre-sentence investigation or when
17 provided by law.
18     (6) Except as otherwise provided in this subsection (6),
19 law enforcement officers may not disclose the identity of any
20 minor in releasing information to the general public as to the
21 arrest, investigation or disposition of any case involving a
22 minor. Any victim or parent or legal guardian of a victim may
23 petition the court to disclose the name and address of the
24 minor and the minor's parents or legal guardian, or both. Upon
25 a finding by clear and convincing evidence that the disclosure
26 is either necessary for the victim to pursue a civil remedy

 

 

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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. 94-696, eff. 6-1-06.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.