[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_HB0090eng HB0090 Engrossed 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. HB0090 Engrossed -2- LRB9100598RCks 1 (3) Prosecutors and probation officers: 2 (a) in the course of a trial when institution 3 of criminal proceedings has been permittedunder4Section 5-4or required under Section 5-8055-4; or 5 (b) when institution of criminal proceedings 6 has been permittedunder Section 5-4or required 7 under Section 5-8055-4and 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 permittedunder Section 5-4or required under 12 Section 5-8055-4and 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 HB0090 Engrossed -3- LRB9100598RCks 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 5-805 205-4permitting 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 HB0090 Engrossed -4- LRB9100598RCks 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 permittedunder Section 5-4or required 13 under Section 5-8055-4or 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. However, if the 33 minor is a ward of the State, law enforcement officers may 34 release only the name and address of the minor's guardian. HB0090 Engrossed -5- LRB9100598RCks 1 (F) Nothing contained in this Section shall prohibit law 2 enforcement agencies from communicating with each other by 3 letter, memorandum, teletype or intelligence alert bulletin 4 or other means the identity or other relevant information 5 pertaining to a person under 17 years of age if there are 6 reasonable grounds to believe that the person poses a real 7 and present danger to the safety of the public or law 8 enforcement officers. The information provided under this 9 subsection (F) shall remain confidential and shall not be 10 publicly disclosed, except as otherwise allowed by law. 11 (G) Nothing in this Section shall prohibit the right of 12 a Civil Service Commission or appointing authority of any 13 state, county or municipality examining the character and 14 fitness of an applicant for employment with a law enforcement 15 agency or correctional institution from obtaining and 16 examining the records of any law enforcement agency relating 17 to any record of the applicant having been arrested or taken 18 into custody before the applicant's 17th birthday. 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; revised 8-26-98.) 21 (705 ILCS 405/5-120) 22 Sec. 5-120. Exclusive jurisdiction. Proceedings may be 23 instituted under the provisions of this Article concerning 24 any minor who prior to the minor's 17th birthday has violated 25 or attempted to violate, regardless of where the act 26 occurred, any federal or State lawor municipal or county27ordinance. Except as provided in Sections 5-125, 5-130, 28 5-805, and 5-810 of this Article, no minor who was under 17 29 years of age at the time of the alleged offense may be 30 prosecuted under the criminal laws of this State. 31 (Source: P.A. 90-590, eff. 1-1-99.) 32 (705 ILCS 405/5-125) HB0090 Engrossed -6- LRB9100598RCks 1 Sec. 5-125. Concurrent jurisdiction. Any minor alleged 2 to have violated a municipal or county ordinance, traffic, 3 boating, or fish and game law,or a municipal or county4ordinance,may be prosecuted for the violation and if found 5 guilty punished under any statute or ordinance relating to 6 the violation, without reference to the procedures set out in 7 this Article, except that any detention, must be in 8 compliance with this Article. 9 For the purpose of this Section, "traffic violation" 10 shall include a violation of Section 9-3 of the Criminal 11 Code of 1961 relating to the offense of reckless homicide, 12 Section 11-501 of the Illinois Vehicle Code, or any similar 13 county or municipal ordinance. 14 (Source: P.A. 90-590, eff. 1-1-99.)