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91_HB0090sam002 LRB9100598RCksam 1 AMENDMENT TO HOUSE BILL 90 2 AMENDMENT NO. . Amend House Bill 90, AS AMENDED, by 3 replacing the title with the following: 4 "AN ACT to amend the Juvenile Court Act of 1987 by 5 changing Section 5-905."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Juvenile Court Act of 1987 is amended by 9 changing Section 5-905 as follows: 10 (705 ILCS 405/5-905) 11 Sec. 5-905. Law enforcement records. 12 (1) Law Enforcement Records. Inspection and copying of 13 law enforcement records maintained by law enforcement 14 agencies that relate to a minor who has been arrested or 15 taken into custody before his or her 17th birthday shall be 16 restricted to the following and when necessary for the 17 discharge of their official duties: 18 (a) A judge of the circuit court and members of the 19 staff of the court designated by the judge; 20 (b) Law enforcement officers, probation officers or 21 prosecutors or their staff; -2- LRB9100598RCksam 1 (c) The minor, the minor's parents or legal 2 guardian and their attorneys, but only when the juvenile 3 has been charged with an offense; 4 (d) Adult and Juvenile Prisoner Review Boards; 5 (e) Authorized military personnel; 6 (f) Persons engaged in bona fide research, with the 7 permission of the judge of juvenile court and the chief 8 executive of the agency that prepared the particular 9 recording: provided that publication of such research 10 results in no disclosure of a minor's identity and 11 protects the confidentiality of the record; 12 (g) Individuals responsible for supervising or 13 providing temporary or permanent care and custody of 14 minors pursuant to orders of the juvenile court or 15 directives from officials of the Department of Children 16 and Family Services or the Department of Human Services 17 who certify in writing that the information will not be 18 disclosed to any other party except as provided under law 19 or order of court; 20 (h) The appropriate school official. Inspection 21 and copying shall be limited to law enforcement records 22 transmitted to the appropriate school official by a local 23 law enforcement agency under a reciprocal reporting 24 system established and maintained between the school 25 district and the local law enforcement agency under 26 Section 10-20.14 of the School Code concerning a minor 27 enrolled in a school within the school district who has 28 been arrested for any offense classified as a felony or a 29 Class A or B misdemeanor. 30 (2) Information identifying victims and alleged victims 31 of sex offenses, shall not be disclosed or open to public 32 inspection under any circumstances. Nothing in this Section 33 shall prohibit the victim or alleged victim of any sex 34 offense from voluntarily disclosing his or her identity. -3- LRB9100598RCksam 1 (3) Relevant information, reports and records shall be 2 made available to the Department of Corrections when a 3 juvenile offender has been placed in the custody of the 4 Department of Corrections, Juvenile Division. 5 (4) Nothing in this Section shall prohibit the 6 inspection or disclosure to victims and witnesses of 7 photographs contained in the records of law enforcement 8 agencies when the inspection or disclosure is conducted in 9 the presence of a law enforcement officer for purposes of 10 identification or apprehension of any person in the course of 11 any criminal investigation or prosecution. 12 (5) The records of law enforcement officers concerning 13 all minors under 17 years of age must be maintained separate 14 from the records of adults and may not be open to public 15 inspection or their contents disclosed to the public except 16 by order of the court or when the institution of criminal 17 proceedings has been permitted under Section 5-130 or 5-805 18 or required under Section 5-130 or 5-805 or such a person has 19 been convicted of a crime and is the subject of pre-sentence 20 investigation or when provided by law. 21 (6) Except as otherwise provided in this subsection (6), 22 law enforcement officers may not disclose the identity of 23 any minor in releasing information to the general public as 24 to the arrest, investigation or disposition of any case 25 involving a minor. Any victim or parent or legal guardian of 26 a victim may petition the court to disclose the name and 27 address of the minor and the minor's parents or legal 28 guardian, or both. Upon a finding by clear and convincing 29 evidence that the disclosure is either necessary for the 30 victim to pursue a civil remedy against the minor or the 31 minor's parents or legal guardian, or both, or to protect the 32 victim's person or property from the minor, then the court 33 may order the disclosure of the information to the victim or 34 to the parent or legal guardian of the victim only for the -4- LRB9100598RCksam 1 purpose of the victim pursuing a civil remedy against the 2 minor or the minor's parents or legal guardian, or both, or 3 to protect the victim's person or property from the minor. 4Upon written request, law enforcement officers may release5the name and address of a minor who has been arrested for a6criminal offense to the victim, or if the victim is a minor,7to the victim's legal custodian, guardian or parent. The law8enforcement officer may release the information only if he or9she reasonably believes such release would not endanger the10person or property of the arrested minor or his or her11family.12 (7) Nothing contained in this Section shall prohibit law 13 enforcement agencies when acting in their official capacity 14 from communicating with each other by letter, memorandum, 15 teletype or intelligence alert bulletin or other means the 16 identity or other relevant information pertaining to a person 17 under 17 years of age. The information provided under this 18 subsection (7) shall remain confidential and shall not be 19 publicly disclosed, except as otherwise allowed by law. 20 (8) No person shall disclose information under this 21 Section except when acting in his or her official capacity 22 and as provided by law or order of court. 23 (Source: P.A. 90-590, eff. 1-1-99.)".