State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Enrolled ]
[ House Amendment 001 ][ Senate Amendment 001 ]

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.
 4    Upon  written  request,  law enforcement officers may release
 5    the name and address of a minor who has been arrested  for  a
 6    criminal  offense to the victim, or if the victim is a minor,
 7    to the victim's legal custodian, guardian or parent.  The law
 8    enforcement officer may release the information only if he or
 9    she reasonably believes such release would not  endanger  the
10    person  or  property  of  the  arrested  minor  or his or her
11    family.
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.)".

[ Top ]