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91_HB0090enr HB0090 Enrolled LRB9100598RCks 1 AN ACT to amend the Juvenile Court Act of 1987 by 2 changing Section 5-905. 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 Section 5-905 as follows: 7 (705 ILCS 405/5-905) 8 Sec. 5-905. Law enforcement records. 9 (1) Law Enforcement Records. Inspection and copying of 10 law enforcement records maintained by law enforcement 11 agencies that relate to a minor who has been arrested or 12 taken into custody before his or her 17th birthday shall be 13 restricted to the following and when necessary for the 14 discharge of their official duties: 15 (a) A judge of the circuit court and members of the 16 staff of the court designated by the judge; 17 (b) Law enforcement officers, probation officers or 18 prosecutors or their staff; 19 (c) The minor, the minor's parents or legal 20 guardian and their attorneys, but only when the juvenile 21 has been charged with an offense; 22 (d) Adult and Juvenile Prisoner Review Boards; 23 (e) Authorized military personnel; 24 (f) Persons engaged in bona fide research, with the 25 permission of the judge of juvenile court and the chief 26 executive of the agency that prepared the particular 27 recording: provided that publication of such research 28 results in no disclosure of a minor's identity and 29 protects the confidentiality of the record; 30 (g) Individuals responsible for supervising or 31 providing temporary or permanent care and custody of HB0090 Enrolled -2- LRB9100598RCks 1 minors pursuant to orders of the juvenile court or 2 directives from officials of the Department of Children 3 and Family Services or the Department of Human Services 4 who certify in writing that the information will not be 5 disclosed to any other party except as provided under law 6 or order of court; 7 (h) The appropriate school official. Inspection 8 and copying shall be limited to law enforcement records 9 transmitted to the appropriate school official by a local 10 law enforcement agency under a reciprocal reporting 11 system established and maintained between the school 12 district and the local law enforcement agency under 13 Section 10-20.14 of the School Code concerning a minor 14 enrolled in a school within the school district who has 15 been arrested for any offense classified as a felony or a 16 Class A or B misdemeanor. 17 (2) Information identifying victims and alleged victims 18 of sex offenses, shall not be disclosed or open to public 19 inspection under any circumstances. Nothing in this Section 20 shall prohibit the victim or alleged victim of any sex 21 offense from voluntarily disclosing his or her identity. 22 (3) Relevant information, reports and records shall be 23 made available to the Department of Corrections when a 24 juvenile offender has been placed in the custody of the 25 Department of Corrections, Juvenile Division. 26 (4) Nothing in this Section shall prohibit the 27 inspection or disclosure to victims and witnesses of 28 photographs contained in the records of law enforcement 29 agencies when the inspection or disclosure is conducted in 30 the presence of a law enforcement officer for purposes of 31 identification or apprehension of any person in the course of 32 any criminal investigation or prosecution. 33 (5) The records of law enforcement officers concerning 34 all minors under 17 years of age must be maintained separate HB0090 Enrolled -3- LRB9100598RCks 1 from the records of adults and may not be open to public 2 inspection or their contents disclosed to the public except 3 by order of the court or when the institution of criminal 4 proceedings has been permitted under Section 5-130 or 5-805 5 or required under Section 5-130 or 5-805 or such a person has 6 been convicted of a crime and is the subject of pre-sentence 7 investigation or when provided by law. 8 (6) Except as otherwise provided in this subsection (6), 9 law enforcement officers may not disclose the identity of 10 any minor in releasing information to the general public as 11 to the arrest, investigation or disposition of any case 12 involving a minor. Any victim or parent or legal guardian of 13 a victim may petition the court to disclose the name and 14 address of the minor and the minor's parents or legal 15 guardian, or both. Upon a finding by clear and convincing 16 evidence that the disclosure is either necessary for the 17 victim to pursue a civil remedy against the minor or the 18 minor's parents or legal guardian, or both, or to protect the 19 victim's person or property from the minor, then the court 20 may order the disclosure of the information to the victim or 21 to the parent or legal guardian of the victim only for the 22 purpose of the victim pursuing a civil remedy against the 23 minor or the minor's parents or legal guardian, or both, or 24 to protect the victim's person or property from the minor. 25Upon written request, law enforcement officers may release26the name and address of a minor who has been arrested for a27criminal offense to the victim, or if the victim is a minor,28to the victim's legal custodian, guardian or parent. The law29enforcement officer may release the information only if he or30she reasonably believes such release would not endanger the31person or property of the arrested minor or his or her32family.33 (7) Nothing contained in this Section shall prohibit law 34 enforcement agencies when acting in their official capacity HB0090 Enrolled -4- LRB9100598RCks 1 from communicating with each other by letter, memorandum, 2 teletype or intelligence alert bulletin or other means the 3 identity or other relevant information pertaining to a person 4 under 17 years of age. The information provided under this 5 subsection (7) shall remain confidential and shall not be 6 publicly disclosed, except as otherwise allowed by law. 7 (8) No person shall disclose information under this 8 Section except when acting in his or her official capacity 9 and as provided by law or order of court. 10 (Source: P.A. 90-590, eff. 1-1-99.)