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90_HB2536
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/1-8 from Ch. 37, par. 801-8
Amends the Juvenile Court Act of 1987. Provides that the
public may have access to law enforcement records and
juvenile court records of a minor who has been arrested,
taken into custody, or adjudicated delinquent for an act that
if committed by an adult would constitute a crime of
violence.
LRB9008517RCks
LRB9008517RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 1-7 and 1-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 1-7 and 1-8 as follows:
7 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8 Sec. 1-7. Confidentiality of law enforcement records.
9 (A) Inspection and copying of law enforcement records
10 maintained by law enforcement agencies that relate to a minor
11 who has been arrested or taken into custody before his or her
12 17th birthday shall be restricted to the following:
13 (1) Any local, State or federal law enforcement
14 officers of any jurisdiction or agency when necessary for
15 the discharge of their official duties during the
16 investigation or prosecution of a crime or relating to a
17 minor who has been adjudicated delinquent and there has
18 been a previous finding that the act which constitutes
19 the previous offense was committed in furtherance of
20 criminal activities by a criminal street gang. For
21 purposes of this Section, "criminal street gang" has the
22 meaning ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (2) Prosecutors, probation officers, social
25 workers, or other individuals assigned by the court to
26 conduct a pre-adjudication or pre-disposition
27 investigation, and individuals responsible for
28 supervising or providing temporary or permanent care and
29 custody for minors pursuant to the order of the juvenile
30 court, when essential to performing their
31 responsibilities.
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1 (3) Prosecutors and probation officers:
2 (a) in the course of a trial when institution
3 of criminal proceedings has been permitted under
4 Section 5-4 or required under Section 5-4; or
5 (b) when institution of criminal proceedings
6 has been permitted under Section 5-4 or required
7 under Section 5-4 and such minor is the subject of a
8 proceeding to determine the amount of bail; or
9 (c) when criminal proceedings have been
10 permitted under Section 5-4 or required under
11 Section 5-4 and such minor is the subject of a
12 pre-trial investigation, pre-sentence investigation,
13 fitness hearing, or proceedings on an application
14 for probation.
15 (4) Adult and Juvenile Prisoner Review Board.
16 (5) Authorized military personnel.
17 (6) Persons engaged in bona fide research, with the
18 permission of the Presiding Judge of the Juvenile Court
19 and the chief executive of the respective law enforcement
20 agency; provided that publication of such research
21 results in no disclosure of a minor's identity and
22 protects the confidentiality of the minor's record.
23 (7) Department of Children and Family Services
24 child protection investigators acting in their official
25 capacity.
26 (8) The appropriate school official. Inspection
27 and copying shall be limited to law enforcement records
28 transmitted to the appropriate school official by a local
29 law enforcement agency under a reciprocal reporting
30 system established and maintained between the school
31 district and the local law enforcement agency under
32 Section 10-20.14 of the School Code concerning a minor
33 enrolled in a school within the school district who has
34 been arrested or taken into custody for any of the
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1 following offenses:
2 (i) unlawful use of weapons under Section 24-1
3 of the Criminal Code of 1961;
4 (ii) a violation of the Illinois Controlled
5 Substances Act;
6 (iii) a violation of the Cannabis Control Act;
7 or
8 (iv) a forcible felony as defined in Section
9 2-8 of the Criminal Code of 1961.
10 (B) (1) Except as provided in paragraph (2), no law
11 enforcement officer or other person or agency may
12 knowingly transmit to the Department of Corrections,
13 Adult Division or the Department of State Police or to
14 the Federal Bureau of Investigation any fingerprint or
15 photograph relating to a minor who has been arrested or
16 taken into custody before his or her 17th birthday,
17 unless the court in proceedings under this Act authorizes
18 the transmission or enters an order under Section 5-4
19 permitting or requiring the institution of criminal
20 proceedings.
21 (2) Law enforcement officers or other persons or
22 agencies shall transmit to the Department of State
23 Police copies of fingerprints and descriptions of all
24 minors who have been arrested or taken into custody
25 before their 17th birthday for the offense of unlawful
26 use of weapons under Article 24 of the Criminal Code of
27 1961, a Class X or Class 1 felony, a forcible felony as
28 defined in Section 2-8 of the Criminal Code of 1961, or a
29 Class 2 or greater felony under the Cannabis Control Act,
30 the Illinois Controlled Substances Act, or Chapter 4 of
31 the Illinois Vehicle Code, pursuant to Section 5 of the
32 Criminal Identification Act. Information reported to the
33 Department pursuant to this Section may be maintained
34 with records that the Department files pursuant to
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1 Section 2.1 of the Criminal Identification Act. Nothing
2 in this Act prohibits a law enforcement agency from
3 fingerprinting a minor taken into custody or arrested
4 before his or her 17th birthday for an offense other than
5 those listed in this paragraph (2).
6 (C) The records of law enforcement officers concerning
7 all minors under 17 years of age must be maintained separate
8 from the records of arrests and may not be open to public
9 inspection or their contents disclosed to the public except
10 by order of the court or when the institution of criminal
11 proceedings has been permitted under Section 5-4 or required
12 under Section 5-4 or such a person has been convicted of a
13 crime and is the subject of pre-sentence investigation or
14 proceedings on an application for probation or when provided
15 by law.
16 (D) Nothing contained in subsection (C) of this Section
17 shall prohibit the inspection or disclosure to victims and
18 witnesses of photographs contained in the records of law
19 enforcement agencies when the inspection and disclosure is
20 conducted in the presence of a law enforcement officer for
21 the purpose of the identification or apprehension of any
22 person subject to the provisions of this Act or for the
23 investigation or prosecution of any crime.
24 (E) Law enforcement officers may not disclose the
25 identity of any minor in releasing information to the general
26 public as to the arrest, investigation or disposition of any
27 case involving a minor.
28 (F) Nothing contained in this Section shall prohibit law
29 enforcement agencies from communicating with each other by
30 letter, memorandum, teletype or intelligence alert bulletin
31 or other means the identity or other relevant information
32 pertaining to a person under 17 years of age if there are
33 reasonable grounds to believe that the person poses a real
34 and present danger to the safety of the public or law
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1 enforcement officers. The information provided under this
2 subsection (F) shall remain confidential and shall not be
3 publicly disclosed, except as otherwise allowed by law.
4 (G) Nothing in this Section shall prohibit the right of
5 a Civil Service Commission or appointing authority of any
6 state, county or municipality examining the character and
7 fitness of an applicant for employment with a law enforcement
8 agency or correctional institution from obtaining and
9 examining the records of any law enforcement agency relating
10 to any record of the applicant having been arrested or taken
11 into custody before the applicant's 17th birthday.
12 (H) Nothing in this Section prohibits the inspection and
13 copying of law enforcement records maintained by law
14 enforcement agencies that relate to a minor who has been
15 arrested or taken into custody before his or her 17th
16 birthday for an act that if committed by an adult would
17 constitute a crime of violence as defined in Section 2 of the
18 Crime Victims Compensation Act.
19 (Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95;
20 89-626, eff. 8-9-96; 90-127, eff. 1-1-98.)
21 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
22 Sec. 1-8. Confidentiality and accessibility of juvenile
23 court records.
24 (A) Inspection and copying of juvenile court records
25 relating to a minor who is the subject of a proceeding under
26 this Act shall be restricted to the following:
27 (1) The minor who is the subject of record, his
28 parents, guardian and counsel.
29 (2) Law enforcement officers and law enforcement
30 agencies when such information is essential to executing
31 an arrest or search warrant or other compulsory process,
32 or to conducting an ongoing investigation or relating to
33 a minor who has been adjudicated delinquent and there has
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1 been a previous finding that the act which constitutes
2 the previous offense was committed in furtherance of
3 criminal activities by a criminal street gang.
4 Before July 1, 1994, for the purposes of this
5 Section, "criminal street gang" means any ongoing
6 organization, association, or group of 3 or more persons,
7 whether formal or informal, having as one of its primary
8 activities the commission of one or more criminal acts
9 and that has a common name or common identifying sign,
10 symbol or specific color apparel displayed, and whose
11 members individually or collectively engage in or have
12 engaged in a pattern of criminal activity.
13 Beginning July 1, 1994, for purposes of this
14 Section, "criminal street gang" has the meaning ascribed
15 to it in Section 10 of the Illinois Streetgang Terrorism
16 Omnibus Prevention Act.
17 (3) Judges, hearing officers, prosecutors,
18 probation officers, social workers or other individuals
19 assigned by the court to conduct a pre-adjudication or
20 predisposition investigation, and individuals responsible
21 for supervising or providing temporary or permanent care
22 and custody for minors pursuant to the order of the
23 juvenile court when essential to performing their
24 responsibilities.
25 (4) Judges, prosecutors and probation officers:
26 (a) in the course of a trial when institution
27 of criminal proceedings has been permitted under
28 Section 5-4 or required under Section 5-4; or
29 (b) when criminal proceedings have been
30 permitted under Section 5-4 or required under
31 Section 5-4 and a minor is the subject of a
32 proceeding to determine the amount of bail; or
33 (c) when criminal proceedings have been
34 permitted under Section 5-4 or required under
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1 Section 5-4 and a minor is the subject of a
2 pre-trial investigation, pre-sentence investigation
3 or fitness hearing, or proceedings on an application
4 for probation; or
5 (d) when a minor becomes 17 years of age or
6 older, and is the subject of criminal proceedings,
7 including a hearing to determine the amount of bail,
8 a pre-trial investigation, a pre-sentence
9 investigation, a fitness hearing, or proceedings on
10 an application for probation.
11 (5) Adult and Juvenile Prisoner Review Boards.
12 (6) Authorized military personnel.
13 (7) Victims, their subrogees and legal
14 representatives; however, such persons shall have access
15 only to the name and address of the minor and information
16 pertaining to the disposition or alternative adjustment
17 plan of the juvenile court.
18 (8) Persons engaged in bona fide research, with the
19 permission of the presiding judge of the juvenile court
20 and the chief executive of the agency that prepared the
21 particular records; provided that publication of such
22 research results in no disclosure of a minor's identity
23 and protects the confidentiality of the record.
24 (9) The Secretary of State to whom the Clerk of the
25 Court shall report the disposition of all cases, as
26 required in Section 6-204 of The Illinois Vehicle Code.
27 However, information reported relative to these offenses
28 shall be privileged and available only to the Secretary
29 of State, courts, and police officers.
30 (10) The administrator of a bonafide substance
31 abuse student assistance program with the permission of
32 the presiding judge of the juvenile court.
33 (B) A minor who is the victim in a juvenile proceeding
34 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) Except as otherwise provided in this subsection (C),
4 juvenile court records shall not be made available to the
5 general public but may be inspected by representatives of
6 agencies, associations and news media or other properly
7 interested persons by general or special order of the court.
8 The State's Attorney, the minor, his parents, guardian and
9 counsel shall at all times have the right to examine court
10 files and records.
11 (1) The court shall allow the general public to
12 have access to the name, address, and offense of a minor
13 who is adjudicated a delinquent minor under this Act
14 under any either of the following circumstances:
15 (A) The adjudication of delinquency was based
16 upon the minor's commission of first degree murder,
17 attempt to commit first degree murder, aggravated
18 criminal sexual assault, or criminal sexual assault;
19 or
20 (B) The court has made a finding that the
21 minor was at least 13 years of age at the time the
22 act was committed and the adjudication of
23 delinquency was based upon the minor's commission
24 of: (i) an act in furtherance of the commission of a
25 felony as a member of or on behalf of a criminal
26 street gang, (ii) an act involving the use of a
27 firearm in the commission of a felony, (iii) an act
28 that would be a Class X felony offense under or the
29 minor's second or subsequent Class 2 or greater
30 felony offense under the Cannabis Control Act if
31 committed by an adult, (iv) an act that would be a
32 second or subsequent offense under Section 402 of
33 the Illinois Controlled Substances Act if committed
34 by an adult, or (v) an act that would be an offense
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1 under Section 401 of the Illinois Controlled
2 Substances Act if committed by an adult; or .
3 (C) The adjudication of delinquency was based
4 upon the minor's commission of an act that if
5 committed by an adult would constitute a crime of
6 violence as defined in Section 2 of the Crime
7 Victims Compensation Act.
8 (2) The court shall allow the general public to
9 have access to the name, address, and offense of a minor
10 who is at least 13 years of age at the time the offense
11 is committed and who is convicted, in criminal
12 proceedings permitted or required under Section 5-4,
13 under either of the following circumstances:
14 (A) The minor has been convicted of first
15 degree murder, attempt to commit first degree
16 murder, aggravated criminal sexual assault, or
17 criminal sexual assault,
18 (B) The court has made a finding that the
19 minor was at least 13 years of age at the time the
20 offense was committed and the conviction was based
21 upon the minor's commission of: (i) an offense in
22 furtherance of the commission of a felony as a
23 member of or on behalf of a criminal street gang,
24 (ii) an offense involving the use of a firearm in
25 the commission of a felony, (iii) a Class X felony
26 offense under or a second or subsequent Class 2 or
27 greater felony offense under the Cannabis Control
28 Act, (iv) a second or subsequent offense under
29 Section 402 of the Illinois Controlled Substances
30 Act, or (v) an offense under Section 401 of the
31 Illinois Controlled Substances Act.
32 (D) Pending or following any adjudication of delinquency
33 for any offense defined in Sections 12-13 through 12-16 of
34 the Criminal Code of 1961, the victim of any such offense
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1 shall receive the rights set out in Sections 4 and 6 of the
2 Bill of Rights for Victims and Witnesses of Violent Crime
3 Act; and the juvenile who is the subject of the adjudication,
4 notwithstanding any other provision of this Act, shall be
5 treated as an adult for the purpose of affording such rights
6 to the victim.
7 (E) Nothing in this Section shall affect the right of a
8 Civil Service Commission or appointing authority of any
9 state, county or municipality examining the character and
10 fitness of an applicant for employment with a law enforcement
11 agency or correctional institution to ascertain whether that
12 applicant was ever adjudicated to be a delinquent minor and,
13 if so, to examine the records of disposition or evidence
14 which were made in proceedings under this Act.
15 (F) Following any adjudication of delinquency for a
16 crime which would be a felony if committed by an adult, or
17 following any adjudication of delinquency for a violation of
18 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
19 1961, the State's Attorney shall ascertain whether the minor
20 respondent is enrolled in school and, if so, shall provide a
21 copy of the dispositional order to the principal or chief
22 administrative officer of the school. Access to such
23 juvenile records shall be limited to the principal or chief
24 administrative officer of the school and any guidance
25 counselor designated by him.
26 (G) Nothing contained in this Act prevents the sharing
27 or disclosure of information or records relating or
28 pertaining to juveniles subject to the provisions of the
29 Serious Habitual Offender Comprehensive Action Program when
30 that information is used to assist in the early
31 identification and treatment of habitual juvenile offenders.
32 (H) When a Court hearing a proceeding under Article II
33 of this Act becomes aware that an earlier proceeding under
34 Article II had been heard in a different county, that Court
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1 shall request, and the Court in which the earlier proceedings
2 were initiated shall transmit, an authenticated copy of the
3 Court record, including all documents, petitions, and orders
4 filed therein and the minute orders, transcript of
5 proceedings, and docket entries of the Court.
6 (I) The Clerk of the Circuit Court shall report to the
7 Department of State Police, in the form and manner required
8 by the Department of State Police, the final disposition of
9 each minor who has been arrested or taken into custody before
10 his or her 17th birthday for those offenses required to be
11 reported under Section 5 of the Criminal Identification Act.
12 Information reported to the Department under this Section may
13 be maintained with records that the Department files under
14 Section 2.1 of the Criminal Identification Act.
15 (Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
16 89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
17 1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; revised
18 8-4-97.)