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91_HB0090
LRB9100598RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 1-7, 5-120, and 5-125.
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, 5-120, and 5-125 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 5-805 5-4; or
5 (b) when institution of criminal proceedings
6 has been permitted under Section 5-4 or required
7 under Section 5-805 5-4 and such minor is the
8 subject of a proceeding to determine the amount of
9 bail; or
10 (c) when criminal proceedings have been
11 permitted under Section 5-4 or required under
12 Section 5-805 5-4 and such minor is the subject of a
13 pre-trial investigation, pre-sentence investigation,
14 fitness hearing, or proceedings on an application
15 for probation.
16 (4) Adult and Juvenile Prisoner Review Board.
17 (5) Authorized military personnel.
18 (6) 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 respective law enforcement
21 agency; provided that publication of such research
22 results in no disclosure of a minor's identity and
23 protects the confidentiality of the minor's record.
24 (7) Department of Children and Family Services
25 child protection investigators acting in their official
26 capacity.
27 (8) The appropriate school official. Inspection
28 and copying shall be limited to law enforcement records
29 transmitted to the appropriate school official by a local
30 law enforcement agency under a reciprocal reporting
31 system established and maintained between the school
32 district and the local law enforcement agency under
33 Section 10-20.14 of the School Code concerning a minor
34 enrolled in a school within the school district who has
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1 been arrested or taken into custody for any of the
2 following offenses:
3 (i) unlawful use of weapons under Section 24-1
4 of the Criminal Code of 1961;
5 (ii) a violation of the Illinois Controlled
6 Substances Act;
7 (iii) a violation of the Cannabis Control Act;
8 or
9 (iv) a forcible felony as defined in Section
10 2-8 of the Criminal Code of 1961.
11 (B) (1) Except as provided in paragraph (2), no law
12 enforcement officer or other person or agency may
13 knowingly transmit to the Department of Corrections,
14 Adult Division or the Department of State Police or to
15 the Federal Bureau of Investigation any fingerprint or
16 photograph relating to a minor who has been arrested or
17 taken into custody before his or her 17th birthday,
18 unless the court in proceedings under this Act authorizes
19 the transmission or enters an order under Section 5-805
20 5-4 permitting or requiring the institution of criminal
21 proceedings.
22 (2) Law enforcement officers or other persons or
23 agencies shall transmit to the Department of State
24 Police copies of fingerprints and descriptions of all
25 minors who have been arrested or taken into custody
26 before their 17th birthday for the offense of unlawful
27 use of weapons under Article 24 of the Criminal Code of
28 1961, a Class X or Class 1 felony, a forcible felony as
29 defined in Section 2-8 of the Criminal Code of 1961, or a
30 Class 2 or greater felony under the Cannabis Control Act,
31 the Illinois Controlled Substances Act, or Chapter 4 of
32 the Illinois Vehicle Code, pursuant to Section 5 of the
33 Criminal Identification Act. Information reported to the
34 Department pursuant to this Section may be maintained
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1 with records that the Department files pursuant to
2 Section 2.1 of the Criminal Identification Act. Nothing
3 in this Act prohibits a law enforcement agency from
4 fingerprinting a minor taken into custody or arrested
5 before his or her 17th birthday for an offense other than
6 those listed in this paragraph (2).
7 (C) The records of law enforcement officers concerning
8 all minors under 17 years of age must be maintained separate
9 from the records of arrests and may not be open to public
10 inspection or their contents disclosed to the public except
11 by order of the court or when the institution of criminal
12 proceedings has been permitted under Section 5-4 or required
13 under Section 5-805 5-4 or such a person has been convicted
14 of a crime and is the subject of pre-sentence investigation
15 or proceedings on an application for probation or when
16 provided by law.
17 (D) Nothing contained in subsection (C) of this Section
18 shall prohibit the inspection or disclosure to victims and
19 witnesses of photographs contained in the records of law
20 enforcement agencies when the inspection and disclosure is
21 conducted in the presence of a law enforcement officer for
22 the purpose of the identification or apprehension of any
23 person subject to the provisions of this Act or for the
24 investigation or prosecution of any crime.
25 (E) Law enforcement officers may not disclose the
26 identity of any minor in releasing information to the general
27 public as to the arrest, investigation or disposition of any
28 case involving a minor. However, law enforcement officers may
29 release the name and address of the minor and of the minor's
30 parents or guardian and information pertaining to any
31 disposition or alternative adjustment plan to the victims,
32 their subrogees, and legal representatives.
33 (F) Nothing contained in this Section shall prohibit law
34 enforcement agencies from communicating with each other by
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1 letter, memorandum, teletype or intelligence alert bulletin
2 or other means the identity or other relevant information
3 pertaining to a person under 17 years of age if there are
4 reasonable grounds to believe that the person poses a real
5 and present danger to the safety of the public or law
6 enforcement officers. The information provided under this
7 subsection (F) shall remain confidential and shall not be
8 publicly disclosed, except as otherwise allowed by law.
9 (G) Nothing in this Section shall prohibit the right of
10 a Civil Service Commission or appointing authority of any
11 state, county or municipality examining the character and
12 fitness of an applicant for employment with a law enforcement
13 agency or correctional institution from obtaining and
14 examining the records of any law enforcement agency relating
15 to any record of the applicant having been arrested or taken
16 into custody before the applicant's 17th birthday.
17 (Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95;
18 89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)
19 (705 ILCS 405/5-120)
20 Sec. 5-120. Exclusive jurisdiction. Proceedings may be
21 instituted under the provisions of this Article concerning
22 any minor who prior to the minor's 17th birthday has violated
23 or attempted to violate, regardless of where the act
24 occurred, any federal or State law or municipal or county
25 ordinance. Except as provided in Sections 5-125, 5-130,
26 5-805, and 5-810 of this Article, no minor who was under 17
27 years of age at the time of the alleged offense may be
28 prosecuted under the criminal laws of this State.
29 (Source: P.A. 90-590, eff. 1-1-99.)
30 (705 ILCS 405/5-125)
31 Sec. 5-125. Concurrent jurisdiction. Any minor alleged
32 to have violated a municipal or county ordinance, traffic,
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1 boating, or fish and game law, or a municipal or county
2 ordinance, may be prosecuted for the violation and if found
3 guilty punished under any statute or ordinance relating to
4 the violation, without reference to the procedures set out in
5 this Article, except that any detention, must be in
6 compliance with this Article.
7 For the purpose of this Section, "traffic violation"
8 shall include a violation of Section 9-3 of the Criminal
9 Code of 1961 relating to the offense of reckless homicide,
10 Section 11-501 of the Illinois Vehicle Code, or any similar
11 county or municipal ordinance.
12 (Source: P.A. 90-590, eff. 1-1-99.)