SB0104 Engrossed 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 its official duties in connection with
21     a particular investigation of the conduct of a law
22     enforcement officer, an independent agency or its staff
23     created by ordinance and charged by a unit of local

 

 

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

 

 

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

 

 

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1             (v) a violation of the Methamphetamine Control and
2         Community Protection Act.
3         (9) Mental health professionals on behalf of the
4     Illinois Department of Corrections or the Department of
5     Human Services or prosecutors who are evaluating,
6     prosecuting, or investigating a potential or actual
7     petition brought under the Sexually Violent Persons
8     Commitment Act relating to a person who is the subject of
9     juvenile law enforcement records or the respondent to a
10     petition brought under the Sexually Violent Persons
11     Commitment Act who is the subject of the juvenile law
12     enforcement records sought. Any records and any
13     information obtained from those records under this
14     paragraph (9) may be used only in sexually violent persons
15     commitment proceedings.
16     (B) (1) Except as provided in paragraph (2), no law
17     enforcement officer or other person or agency may knowingly
18     transmit to the Department of Corrections, Adult Division
19     or the Department of State Police or to the Federal Bureau
20     of Investigation any fingerprint or photograph relating to
21     a minor who has been arrested or taken into custody before
22     his or her 17th birthday, unless the court in proceedings
23     under this Act authorizes the transmission or enters an
24     order under Section 5-805 permitting or requiring the
25     institution of criminal proceedings.
26         (2) Law enforcement officers or other persons or

 

 

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1     agencies shall transmit to the Department of State Police
2     copies of fingerprints and descriptions of all minors who
3     have been arrested or taken into custody before their 17th
4     birthday for the offense of unlawful use of weapons under
5     Article 24 of the Criminal Code of 1961, a Class X or Class
6     1 felony, a forcible felony as defined in Section 2-8 of
7     the Criminal Code of 1961, or a Class 2 or greater felony
8     under the Cannabis Control Act, the Illinois Controlled
9     Substances Act, the Methamphetamine Control and Community
10     Protection Act, or Chapter 4 of the Illinois Vehicle Code,
11     pursuant to Section 5 of the Criminal Identification Act.
12     Information reported to the Department pursuant to this
13     Section may be maintained with records that the Department
14     files pursuant to Section 2.1 of the Criminal
15     Identification Act. Nothing in this Act prohibits a law
16     enforcement agency from fingerprinting a minor taken into
17     custody or arrested before his or her 17th birthday for an
18     offense other than those listed in this paragraph (2).
19     (C) The records of law enforcement officers, or of an
20 independent agency created by ordinance and charged by a unit
21 of local government with the duty of investigating the conduct
22 of law enforcement officers, concerning all minors under 17
23 years of age must be maintained separate from the records of
24 arrests and may not be open to public inspection or their
25 contents disclosed to the public except by order of the court
26 presiding over matters pursuant to this Act or when the

 

 

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1 institution of criminal proceedings has been permitted or
2 required under Section 5-805 or such a person has been
3 convicted of a crime and is the subject of pre-sentence
4 investigation or proceedings on an application for probation or
5 when provided by law. For purposes of obtaining documents
6 pursuant to this Section, a civil subpoena is not an order of
7 the court.
8         (1) In cases where the law enforcement, or independent
9     agency, records concern a pending juvenile court case, the
10     party seeking to inspect the records shall provide actual
11     notice to the attorney or guardian ad litem of the minor
12     whose records are sought.
13         (2) In cases where the records concern a juvenile court
14     case that is no longer pending, the party seeking to
15     inspect the records shall provide actual notice to the
16     minor or the minor's parent or legal guardian, and the
17     matter shall be referred to the chief judge presiding over
18     matters pursuant to this Act.
19         (3) In determining whether the records should be
20     available for inspection, the court shall consider the
21     minor's interest in confidentiality and rehabilitation
22     over the moving party's interest in obtaining the
23     information. Any records obtained in violation of this
24     subsection (C) shall not be admissible in any criminal or
25     civil proceeding, or operate to disqualify a minor from
26     subsequently holding public office or securing employment,

 

 

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1     or operate as a forfeiture of any public benefit, right,
2     privilege, or right to receive any license granted by
3     public authority.
4     (D) Nothing contained in subsection (C) of this Section
5 shall prohibit the inspection or disclosure to victims and
6 witnesses of photographs contained in the records of law
7 enforcement agencies when the inspection and disclosure is
8 conducted in the presence of a law enforcement officer for the
9 purpose of the identification or apprehension of any person
10 subject to the provisions of this Act or for the investigation
11 or prosecution of any crime.
12     (E) Law enforcement officers, and personnel of an
13 independent agency created by ordinance and charged by a unit
14 of local government with the duty of investigating the conduct
15 of law enforcement officers, may not disclose the identity of
16 any minor in releasing information to the general public as to
17 the arrest, investigation or disposition of any case involving
18 a minor.
19     (F) Nothing contained in this Section shall prohibit law
20 enforcement agencies from communicating with each other by
21 letter, memorandum, teletype or intelligence alert bulletin or
22 other means the identity or other relevant information
23 pertaining to a person under 17 years of age if there are
24 reasonable grounds to believe that the person poses a real and
25 present danger to the safety of the public or law enforcement
26 officers. The information provided under this subsection (F)

 

 

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1 shall remain confidential and shall not be publicly disclosed,
2 except as otherwise allowed by law.
3     (G) Nothing in this Section shall prohibit the right of a
4 Civil Service Commission or appointing authority of any state,
5 county or municipality examining the character and fitness of
6 an applicant for employment with a law enforcement agency,
7 correctional institution, or fire department from obtaining
8 and examining the records of any law enforcement agency
9 relating to any record of the applicant having been arrested or
10 taken into custody before the applicant's 17th birthday.
11 (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
 
12     (705 ILCS 405/5-905)
13     Sec. 5-905. Law enforcement records.
14     (1) Law Enforcement Records. Inspection and copying of law
15 enforcement records maintained by law enforcement agencies
16 that relate to a minor who has been arrested or taken into
17 custody before his or her 17th birthday shall be restricted to
18 the following and when necessary for the discharge of their
19 official duties:
20         (a) A judge of the circuit court and members of the
21     staff of the court designated by the judge;
22         (b) Law enforcement officers, probation officers or
23     prosecutors or their staff, or, when necessary for the
24     discharge of its official duties in connection with a
25     particular investigation of the conduct of a law

 

 

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1     enforcement officer, an independent agency or its staff
2     created by ordinance and charged by a unit of local
3     government with the duty of investigating the conduct of
4     law enforcement officers;
5         (c) The minor, the minor's parents or legal guardian
6     and their attorneys, but only when the juvenile has been
7     charged with an offense;
8         (d) Adult and Juvenile Prisoner Review Boards;
9         (e) Authorized military personnel;
10         (f) Persons engaged in bona fide research, with the
11     permission of the judge of juvenile court and the chief
12     executive of the agency that prepared the particular
13     recording: provided that publication of such research
14     results in no disclosure of a minor's identity and protects
15     the confidentiality of the record;
16         (g) Individuals responsible for supervising or
17     providing temporary or permanent care and custody of minors
18     pursuant to orders of the juvenile court or directives from
19     officials of the Department of Children and Family Services
20     or the Department of Human Services who certify in writing
21     that the information will not be disclosed to any other
22     party except as provided under law or order of court;
23         (h) The appropriate school official. Inspection and
24     copying shall be limited to law enforcement records
25     transmitted to the appropriate school official by a local
26     law enforcement agency under a reciprocal reporting system

 

 

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1     established and maintained between the school district and
2     the local law enforcement agency under Section 10-20.14 of
3     the School Code concerning a minor enrolled in a school
4     within the school district who has been arrested for any
5     offense classified as a felony or a Class A or B
6     misdemeanor.
7     (2) Information identifying victims and alleged victims of
8 sex offenses, shall not be disclosed or open to public
9 inspection under any circumstances. Nothing in this Section
10 shall prohibit the victim or alleged victim of any sex offense
11 from voluntarily disclosing his or her identity.
12     (3) Relevant information, reports and records shall be made
13 available to the Department of Juvenile Justice when a juvenile
14 offender has been placed in the custody of the Department of
15 Juvenile Justice.
16     (4) Nothing in this Section shall prohibit the inspection
17 or disclosure to victims and witnesses of photographs contained
18 in the records of law enforcement agencies when the inspection
19 or disclosure is conducted in the presence of a law enforcement
20 officer for purposes of identification or apprehension of any
21 person in the course of any criminal investigation or
22 prosecution.
23     (5) The records of law enforcement officers, or of an
24 independent agency created by ordinance and charged by a unit
25 of local government with the duty of investigating the conduct
26 of law enforcement officers, concerning all minors under 17

 

 

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1 years of age must be maintained separate from the records of
2 adults and may not be open to public inspection or their
3 contents disclosed to the public except by order of the court
4 or when the institution of criminal proceedings has been
5 permitted under Section 5-130 or 5-805 or required under
6 Section 5-130 or 5-805 or such a person has been convicted of a
7 crime and is the subject of pre-sentence investigation or when
8 provided by law.
9     (6) Except as otherwise provided in this subsection (6),
10 law enforcement officers, and personnel of an independent
11 agency created by ordinance and charged by a unit of local
12 government with the duty of investigating the conduct of law
13 enforcement officers, may not disclose the identity of any
14 minor in releasing information to the general public as to the
15 arrest, investigation or disposition of any case involving a
16 minor. Any victim or parent or legal guardian of a victim may
17 petition the court to disclose the name and address of the
18 minor and the minor's parents or legal guardian, or both. Upon
19 a finding by clear and convincing evidence that the disclosure
20 is either necessary for the victim to pursue a civil remedy
21 against the minor or the minor's parents or legal guardian, or
22 both, or to protect the victim's person or property from the
23 minor, then the court may order the disclosure of the
24 information to the victim or to the parent or legal guardian of
25 the victim only for the purpose of the victim pursuing a civil
26 remedy against the minor or the minor's parents or legal

 

 

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1 guardian, or both, or to protect the victim's person or
2 property from the minor.
3     (7) Nothing contained in this Section shall prohibit law
4 enforcement agencies when acting in their official capacity
5 from communicating with each other by letter, memorandum,
6 teletype or intelligence alert bulletin or other means the
7 identity or other relevant information pertaining to a person
8 under 17 years of age. The information provided under this
9 subsection (7) shall remain confidential and shall not be
10 publicly disclosed, except as otherwise allowed by law.
11     (8) No person shall disclose information under this Section
12 except when acting in his or her official capacity and as
13 provided by law or order of court.
14 (Source: P.A. 94-696, eff. 6-1-06.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.