Full Text of HB4294 101st General Assembly
HB4294ham001 101ST GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 2/20/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4294
| 2 | | AMENDMENT NO. ______. Amend House Bill 4294 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 1-5 and 1-8 as follows:
| 6 | | (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
| 7 | | Sec. 1-5. Rights of parties to proceedings.
| 8 | | (1) Except as provided in this Section and paragraph (2) of | 9 | | Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the | 10 | | subject of the
proceeding
and his or her parents, guardian, | 11 | | legal custodian or responsible relative who are
parties | 12 | | respondent have the right to be present, to be heard, to | 13 | | present
evidence material to the proceedings, to cross-examine | 14 | | witnesses, to
examine pertinent court files and records and | 15 | | also, although proceedings
under this Act are not intended to | 16 | | be adversary in character, the right to
be represented by |
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| 1 | | counsel. At the request of any party financially unable
to | 2 | | employ counsel, with the exception of a foster parent permitted | 3 | | to
intervene under this Section, the court shall appoint the | 4 | | Public Defender or
such other counsel as the case may require.
| 5 | | Counsel appointed for the minor and any indigent party shall | 6 | | appear at all
stages of the trial court proceeding, and such | 7 | | appointment shall continue
through the permanency hearings and
| 8 | | termination of parental rights proceedings subject to | 9 | | withdrawal, vacating of appointment, or
substitution pursuant | 10 | | to Supreme Court Rules or the Code of Civil Procedure.
| 11 | | Following the dispositional hearing, the court may require | 12 | | appointed counsel,
other than counsel for the minor or counsel | 13 | | for the guardian ad litem,
to withdraw his or her appearance | 14 | | upon failure of the party for whom counsel
was appointed under | 15 | | this Section to attend any subsequent proceedings.
| 16 | | No hearing on any petition or motion filed under this Act | 17 | | may be
commenced unless
the minor who is the subject of the | 18 | | proceeding is represented by counsel.
Notwithstanding the | 19 | | preceding sentence, if a guardian ad litem has been
appointed | 20 | | for the minor under Section 2-17 of this
Act and the guardian | 21 | | ad litem is a licensed attorney at law of this State, or
in the | 22 | | event that a court appointed special advocate has been | 23 | | appointed as
guardian ad litem and counsel has been appointed | 24 | | to represent the court
appointed special advocate, the
court | 25 | | may not require the appointment of counsel to represent the
| 26 | | minor unless the court finds that the minor's interests are in |
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| 1 | | conflict with
what the guardian ad litem determines to be in | 2 | | the best interest of the
minor. Each
adult respondent shall be | 3 | | furnished a written "Notice of Rights" at
or before the first | 4 | | hearing at which he or she appears.
| 5 | | (1.5) The Department shall maintain
a system of response to | 6 | | inquiry made by parents or putative
parents as to whether their | 7 | | child is under the custody or guardianship of the
Department; | 8 | | and if so, the Department shall direct the parents or putative
| 9 | | parents to the appropriate court of jurisdiction, including | 10 | | where inquiry may
be made of the clerk of the court regarding | 11 | | the case number and the next
scheduled court date of the | 12 | | minor's case.
Effective notice and the means of accessing | 13 | | information shall be given to the
public on a continuing basis
| 14 | | by the
Department.
| 15 | | (2) (a) Though not appointed guardian or legal custodian or | 16 | | otherwise made
a party to the proceeding, any current or | 17 | | previously appointed foster parent
or relative caregiver, or | 18 | | representative of an agency or association
interested in the | 19 | | minor has
the right to be heard by the court, but does not | 20 | | thereby become a party
to the proceeding.
| 21 | | In addition to the foregoing right to be heard by the | 22 | | court, any current
foster parent or relative caregiver of a | 23 | | minor and the agency designated
by the court or the
Department | 24 | | of Children and Family Services as custodian of the minor who
| 25 | | is alleged to be or has been adjudicated an abused or neglected | 26 | | minor under
Section 2-3 or a
dependent minor under Section 2-4 |
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| 1 | | of this Act has the right to and shall be
given adequate notice | 2 | | at all stages of any hearing or proceeding under this
Act.
| 3 | | Any foster parent or relative caregiver who is denied his | 4 | | or her
right to be heard under this
Section may bring a | 5 | | mandamus action under Article XIV of the Code of Civil
| 6 | | Procedure against the court or any public agency to enforce | 7 | | that right. The
mandamus action may be brought immediately upon | 8 | | the denial of those rights but
in no event later than 30 days | 9 | | after the foster parent has been denied the
right to be heard.
| 10 | | (b) If after an adjudication that a minor is abused or | 11 | | neglected as provided
under Section 2-21 of this Act and a | 12 | | motion has been
made to restore the
minor to any parent, | 13 | | guardian, or legal custodian found by the court to have
caused | 14 | | the neglect or to have inflicted the abuse on the minor, a | 15 | | foster parent
may file a motion to intervene in the proceeding | 16 | | for
the sole purpose of
requesting that the minor be placed | 17 | | with the foster parent, provided that the
foster parent (i) is | 18 | | the current foster parent of the minor or (ii) has
previously | 19 | | been a foster parent for the minor for one year or more, has a
| 20 | | foster care license or is eligible for a license or is not | 21 | | required to have a license, and is not the subject of any
| 22 | | findings of abuse or neglect of any child. The juvenile court | 23 | | may only enter
orders placing a minor with a specific foster | 24 | | parent under this subsection
(2)(b) and nothing in this Section | 25 | | shall be construed to confer any
jurisdiction or authority on | 26 | | the juvenile court to issue any other orders
requiring the |
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| 1 | | appointed guardian or custodian of a minor to place the minor | 2 | | in
a designated foster home or facility. This Section is not | 3 | | intended to
encompass any matters that are within the
scope or | 4 | | determinable under the administrative and appeal process | 5 | | established
by rules of the Department of Children and Family | 6 | | Services under Section
5(o) of the Children and Family Services | 7 | | Act. Nothing in this Section shall
relieve the court of its | 8 | | responsibility, under Section 2-14(a) of
this Act to act in a | 9 | | just and speedy manner to reunify families where it is
the best | 10 | | interests of the minor and the child can be cared for at home
| 11 | | without endangering the child's health or safety and, if | 12 | | reunification is not
in the best
interests of the minor, to | 13 | | find another permanent home for the minor. Nothing
in this | 14 | | Section, or in any order issued by the court with respect to | 15 | | the
placement of a minor with a foster parent, shall impair the | 16 | | ability of the
Department of Children and Family Services, or | 17 | | anyone else authorized under
Section 5 of the Abused and | 18 | | Neglected Child Reporting Act, to remove a minor
from the home | 19 | | of a foster parent if the Department of Children and Family
| 20 | | Services or the person removing the minor has reason to believe | 21 | | that the
circumstances or conditions of the minor are such that | 22 | | continuing in the
residence or care of the foster parent will | 23 | | jeopardize the child's health and
safety or present an imminent | 24 | | risk of harm to that
minor's life.
| 25 | | (c) If a foster parent has had the minor who is the subject | 26 | | of the
proceeding under Article II in his or her home for more |
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| 1 | | than one year on or
after July 3, 1994 and if the minor's
| 2 | | placement is being terminated from that foster parent's home, | 3 | | that foster
parent shall have standing and intervenor status | 4 | | except in those
circumstances where the Department of Children | 5 | | and Family Services or anyone
else authorized under Section 5 | 6 | | of the Abused and Neglected Child Reporting Act
has removed the | 7 | | minor from the foster parent because of a reasonable belief
| 8 | | that the circumstances or conditions of the minor are such that | 9 | | continuing in
the residence or care of the foster parent will | 10 | | jeopardize the child's health
or safety or presents an imminent | 11 | | risk of harm to
the minor's life.
| 12 | | (d) The court may grant standing to any foster parent
if | 13 | | the court finds that it is in the best interest of the child | 14 | | for the foster
parent to have standing and intervenor status.
| 15 | | (3) Parties respondent are entitled to notice in compliance | 16 | | with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or | 17 | | 5-525 and 5-530, as appropriate.
At the first appearance before | 18 | | the court by the minor, his
parents, guardian, custodian or | 19 | | responsible relative, the court shall explain
the nature of the | 20 | | proceedings and inform the parties of their rights under the
| 21 | | first 2 paragraphs of this Section.
| 22 | | If the child is alleged to be abused, neglected or | 23 | | dependent, the court
shall
admonish the parents that if the | 24 | | court declares the child to be a ward of the
court and
awards | 25 | | custody or guardianship to the Department of Children and | 26 | | Family
Services, the parents must cooperate with the Department |
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| 1 | | of Children and Family
Services, comply with the terms of the | 2 | | service plans, and correct the
conditions that require the | 3 | | child to be in care, or risk termination of their
parental | 4 | | rights.
| 5 | | Upon an adjudication of wardship of
the court under | 6 | | Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the | 7 | | parties of their right to appeal therefrom as well as from any | 8 | | other
final judgment of the court.
| 9 | | When the court finds that a child is an abused, neglected, | 10 | | or dependent
minor under
Section 2-21, the court shall admonish | 11 | | the parents that the parents must
cooperate with
the Department | 12 | | of Children and Family Services, comply with the terms of the
| 13 | | service plans, and correct the conditions that require the | 14 | | child to be in care,
or risk termination of
their parental
| 15 | | rights.
| 16 | | When the court declares a child to be a ward of the court | 17 | | and awards
guardianship to the Department of Children and | 18 | | Family Services under Section
2-22, the court shall admonish | 19 | | the parents,
guardian,
custodian, or responsible relative that | 20 | | the parents must cooperate with the
Department of Children and | 21 | | Family Services, comply
with the terms of the service plans, | 22 | | and correct the conditions that require
the child to be in | 23 | | care, or risk termination of their parental
rights.
| 24 | | (4) No sanction may be applied against the minor who is the | 25 | | subject of
the proceedings by reason of his refusal or failure | 26 | | to testify in the course
of any hearing held prior to final |
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| 1 | | adjudication under Section 2-22, 3-23, 4-20
or 5-705.
| 2 | | (5) In the discretion of the court, the minor may be | 3 | | excluded from any
part or parts of a dispositional hearing and, | 4 | | with the consent of the parent
or parents, guardian, counsel or | 5 | | a guardian ad litem, from any part or parts
of an adjudicatory | 6 | | hearing.
| 7 | | (6) The general public except for the news media and the | 8 | | crime victim, as defined in Section 3 of the Rights of Crime | 9 | | Victims and Witnesses Act, shall be
excluded from any hearing | 10 | | involving a case brought under this Act, including the | 11 | | reviewing courts, and, except for the persons specified in this
| 12 | | Section only persons, including representatives of agencies | 13 | | and
associations, who in the opinion of the court have a direct | 14 | | interest in the
case or in the work of the court shall be | 15 | | admitted to the hearing. Audio or visual broadcasts involving a | 16 | | case under this Act shall be prohibited, except that any | 17 | | recording made may be released upon petition under the | 18 | | provisions of Section 1-8. However,
the court may, for the | 19 | | minor's safety and protection and for good cause
shown,
| 20 | | prohibit any person or agency present in court from further | 21 | | disclosing the
minor's identity.
Nothing in this subsection (6) | 22 | | prevents the court from allowing other
juveniles to be present | 23 | | or to participate in a court session being held
under the | 24 | | Juvenile Drug Court Treatment Act.
| 25 | | (7) A party shall not be entitled to exercise the right to | 26 | | a substitution
of a judge without cause under subdivision |
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| 1 | | (a)(2) of Section 2-1001 of the Code
of Civil Procedure in a | 2 | | proceeding under this Act if the judge is currently
assigned to | 3 | | a proceeding involving the alleged abuse, neglect, or | 4 | | dependency of
the minor's sibling or half sibling and that | 5 | | judge has made a substantive
ruling in the proceeding involving | 6 | | the minor's sibling or half sibling.
| 7 | | (Source: P.A. 101-147, eff. 1-1-20 .)
| 8 | | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| 9 | | Sec. 1-8. Confidentiality and accessibility of juvenile | 10 | | court records.
| 11 | | (A) A juvenile adjudication shall never be considered a | 12 | | conviction nor shall an adjudicated individual be considered a | 13 | | criminal. Unless expressly allowed by law, a juvenile | 14 | | adjudication shall not operate to impose upon the individual | 15 | | any of the civil disabilities ordinarily imposed by or | 16 | | resulting from conviction. Unless expressly allowed by law, | 17 | | adjudications shall not prejudice or disqualify the individual | 18 | | in any civil service application or appointment, from holding | 19 | | public office, or from receiving any license granted by public | 20 | | authority. All juvenile court records , including records and | 21 | | files in the reviewing courts, which have not been expunged are | 22 | | sealed and may never be disclosed to the general public or | 23 | | otherwise made widely available. Sealed juvenile court records | 24 | | may be obtained only under this Section and Section 1-7 and | 25 | | Part 9 of Article V of this Act, when their use is needed for |
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| 1 | | good cause and with an order from the juvenile court or | 2 | | reviewing court . Inspection and copying of juvenile court | 3 | | records relating to a minor
who is the subject of a proceeding | 4 | | under this Act shall be restricted to the
following:
| 5 | | (1) The minor who is the subject of record, his or her | 6 | | parents, guardian,
and counsel.
| 7 | | (2) Law enforcement officers and law enforcement | 8 | | agencies when such
information is essential to executing an | 9 | | arrest or search warrant or other
compulsory process, or to | 10 | | conducting an ongoing investigation
or relating to a minor | 11 | | who
has been adjudicated delinquent and there has been a | 12 | | previous finding that
the act which constitutes the | 13 | | previous offense was committed in furtherance
of criminal | 14 | | activities by a criminal street gang.
| 15 | | Before July 1, 1994, for the purposes of this Section, | 16 | | "criminal street
gang" means any ongoing
organization, | 17 | | association, or group of 3 or more persons, whether formal | 18 | | or
informal, having as one of its primary activities the | 19 | | commission of one or
more criminal acts and that has a | 20 | | common name or common identifying sign,
symbol or specific | 21 | | color apparel displayed, and whose members individually
or | 22 | | collectively engage in or have engaged in a pattern of | 23 | | criminal activity.
| 24 | | Beginning July 1, 1994, for purposes of this Section, | 25 | | "criminal street
gang" has the meaning ascribed to it in | 26 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus |
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| 1 | | Prevention Act.
| 2 | | (3) Judges, hearing officers, prosecutors, public | 3 | | defenders, probation officers, social
workers, or other
| 4 | | 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 under | 8 | | the order of the juvenile court when essential to | 9 | | performing their
responsibilities.
| 10 | | (4) Judges, federal, State, and local prosecutors, | 11 | | public defenders, probation officers, and designated | 12 | | staff:
| 13 | | (a) in the course of a trial when institution of | 14 | | criminal proceedings
has been permitted or required | 15 | | under Section 5-805;
| 16 | | (b) when criminal proceedings have been permitted
| 17 | | or
required under Section 5-805 and a minor is the | 18 | | subject of a
proceeding to
determine the amount of | 19 | | bail;
| 20 | | (c) when criminal proceedings have been permitted
| 21 | | or
required under Section 5-805 and a minor is the | 22 | | subject of a
pre-trial
investigation, pre-sentence | 23 | | investigation or fitness hearing, or
proceedings on an | 24 | | application for probation; or
| 25 | | (d) when a minor becomes 18 years of age or older, | 26 | | and is the subject
of criminal proceedings, including a |
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| 1 | | hearing to determine the amount of
bail, a pre-trial | 2 | | investigation, a pre-sentence investigation, a fitness
| 3 | | hearing, or proceedings on an application for | 4 | | probation.
| 5 | | (5) Adult and Juvenile Prisoner Review Boards.
| 6 | | (6) Authorized military personnel.
| 7 | | (6.5) Employees of the federal government authorized | 8 | | by law. | 9 | | (7) Victims, their subrogees and legal | 10 | | representatives; however, such
persons shall have access | 11 | | only to the name and address of the minor and
information | 12 | | pertaining to the disposition or alternative adjustment | 13 | | plan
of the juvenile court.
| 14 | | (8) Persons engaged in bona fide research, with the | 15 | | permission of the
presiding judge of the juvenile court and | 16 | | the chief executive of the agency
that prepared the | 17 | | particular records; provided that publication of such
| 18 | | research results in no disclosure of a minor's identity and | 19 | | protects the
confidentiality of the record.
| 20 | | (9) The Secretary of State to whom the Clerk of the | 21 | | Court shall report
the disposition of all cases, as | 22 | | required in Section 6-204 of the Illinois
Vehicle Code. | 23 | | However, information reported relative to these offenses | 24 | | shall
be privileged and available only to the Secretary of | 25 | | State, courts, and police
officers.
| 26 | | (10) The administrator of a bonafide substance abuse |
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| 1 | | student
assistance program with the permission of the | 2 | | presiding judge of the
juvenile court.
| 3 | | (11) Mental health professionals on behalf of the | 4 | | Department of
Corrections or the Department of Human | 5 | | Services or prosecutors who are
evaluating, prosecuting, | 6 | | or investigating a potential or actual petition
brought
| 7 | | under the Sexually Violent Persons Commitment Act relating | 8 | | to a person who is the
subject of
juvenile court records or | 9 | | the respondent to a petition brought under
the
Sexually | 10 | | Violent Persons Commitment Act, who is the subject of | 11 | | juvenile
court records
sought. Any records and any | 12 | | information obtained from those records under this
| 13 | | paragraph (11) may be used only in sexually violent persons | 14 | | commitment
proceedings.
| 15 | | (12) Collection agencies, contracted or otherwise | 16 | | engaged by a governmental entity, to collect any debts due | 17 | | and owing to the governmental entity. | 18 | | (A-1) Findings and exclusions of paternity entered in | 19 | | proceedings occurring under Article II of this Act shall be | 20 | | disclosed, in a manner and form approved by the Presiding Judge | 21 | | of the Juvenile Court, to the Department of Healthcare and | 22 | | Family Services when necessary to discharge the duties of the | 23 | | Department of Healthcare and Family Services under Article X of | 24 | | the Illinois Public Aid Code. | 25 | | (B) A minor who is the victim in a juvenile proceeding | 26 | | shall be
provided the same confidentiality regarding |
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| 1 | | disclosure of identity as the
minor who is the subject of | 2 | | record.
| 3 | | (C)(0.1) In cases where the records concern a pending | 4 | | juvenile court case or appeal , the requesting party seeking to | 5 | | inspect the juvenile court records shall provide actual notice | 6 | | to the attorney or guardian ad litem of the minor whose records | 7 | | are sought. | 8 | | (0.2) In cases where the juvenile court records concern a | 9 | | juvenile court case that is no longer pending, the requesting | 10 | | party seeking to inspect the juvenile court records shall | 11 | | provide actual notice to the minor or the minor's parent or | 12 | | legal guardian, and the matter shall be referred to the chief | 13 | | judge presiding over matters pursuant to this Act. | 14 | | (0.3) In determining whether juvenile court records should | 15 | | be made available for inspection and whether inspection should | 16 | | be limited to certain parts of the file, the court shall | 17 | | consider the minor's interest in confidentiality and | 18 | | rehabilitation over the requesting party's interest in | 19 | | obtaining the information. The State's Attorney, the minor, and | 20 | | the minor's parents, guardian, and counsel shall at all times | 21 | | have the right to examine court files and records. | 22 | | (0.4) Any records obtained in violation of this Section | 23 | | shall not be admissible in any criminal or civil proceeding, or | 24 | | operate to disqualify a minor from subsequently holding public | 25 | | office, or operate as a forfeiture of any public benefit, | 26 | | right, privilege, or right to receive any license granted by |
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| 1 | | public authority.
| 2 | | (D) Pending or following any adjudication of delinquency | 3 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | 4 | | 12-13 through 12-16 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012,
the victim of any such offense shall | 6 | | receive the
rights set out in Sections 4 and 6 of the Bill of
| 7 | | Rights for Victims and Witnesses of Violent Crime Act; and the
| 8 | | juvenile who is the subject of the adjudication, | 9 | | notwithstanding any other
provision of this Act, shall be | 10 | | treated
as an adult for the purpose of affording such rights to | 11 | | the victim.
| 12 | | (E) Nothing in this Section shall affect the right of a | 13 | | Civil Service
Commission or appointing authority of the federal | 14 | | government, or any state, county, or municipality
examining the | 15 | | character and fitness of
an applicant for employment with a law | 16 | | enforcement
agency, correctional institution, or fire | 17 | | department to
ascertain
whether that applicant was ever | 18 | | adjudicated to be a delinquent minor and,
if so, to examine the | 19 | | records of disposition or evidence which were made in
| 20 | | proceedings under this Act.
| 21 | | (F) Following any adjudication of delinquency for a crime | 22 | | which would be
a felony if committed by an adult, or following | 23 | | any adjudication of delinquency
for a violation of Section | 24 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 26 | | whether the minor respondent is enrolled in school and, if so, |
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| 1 | | shall provide
a copy of the dispositional order to the | 2 | | principal or chief administrative
officer of the school. Access | 3 | | to the dispositional order shall be limited
to the principal or | 4 | | chief administrative officer of the school and any guidance
| 5 | | counselor designated by him or her.
| 6 | | (G) Nothing contained in this Act prevents the sharing or
| 7 | | disclosure of information or records relating or pertaining to | 8 | | juveniles
subject to the provisions of the Serious Habitual | 9 | | Offender Comprehensive
Action Program when that information is | 10 | | used to assist in the early
identification and treatment of | 11 | | habitual juvenile offenders.
| 12 | | (H) When a court hearing a proceeding under Article II of | 13 | | this Act becomes
aware that an earlier proceeding under Article | 14 | | II had been heard in a different
county, that court shall | 15 | | request, and the court in which the earlier
proceedings were | 16 | | initiated shall transmit, an authenticated copy of the juvenile | 17 | | court
record, including all documents, petitions, and orders | 18 | | filed and the
minute orders, transcript of proceedings, and | 19 | | docket entries of the court.
| 20 | | (I) The Clerk of the Circuit Court shall report to the | 21 | | Department of
State
Police, in the form and manner required by | 22 | | the Department of State Police, the
final disposition of each | 23 | | minor who has been arrested or taken into custody
before his or | 24 | | her 18th birthday for those offenses required to be reported
| 25 | | under Section 5 of the Criminal Identification Act. Information | 26 | | reported to
the Department under this Section may be maintained |
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| 1 | | with records that the
Department files under Section 2.1 of the | 2 | | Criminal Identification Act.
| 3 | | (J) The changes made to this Section by Public Act 98-61 | 4 | | apply to juvenile law enforcement records of a minor who has | 5 | | been arrested or taken into custody on or after January 1, 2014 | 6 | | (the effective date of Public Act 98-61). | 7 | | (K) Willful violation of this Section is a Class C | 8 | | misdemeanor and each violation is subject to a fine of $1,000. | 9 | | This subsection (K) shall not apply to the person who is the | 10 | | subject of the record. | 11 | | (L) A person convicted of violating this Section is liable | 12 | | for damages in the amount of $1,000 or actual damages, | 13 | | whichever is greater. | 14 | | (Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; | 15 | | 100-1162, eff. 12-20-18.)".
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