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91_HB0466
LRB9100913WHpc
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 1-7 and 1-8.
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 and 1-8 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.
29 (F) Nothing contained in this Section shall prohibit law
30 enforcement agencies from communicating with each other by
31 letter, memorandum, teletype or intelligence alert bulletin
32 or other means the identity or other relevant information
33 pertaining to a person under 17 years of age if there are
34 reasonable grounds to believe that the person poses a real
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1 and present danger to the safety of the public or law
2 enforcement officers. The information provided under this
3 subsection (F) shall remain confidential and shall not be
4 publicly disclosed, except as otherwise allowed by law.
5 (G) Nothing in this Section shall prohibit the right of
6 a Civil Service Commission or appointing authority of any
7 state, county or municipality examining the character and
8 fitness of an applicant for employment with a law enforcement
9 agency, or correctional institution, or fire department from
10 obtaining and examining the records of any law enforcement
11 agency relating to any record of the applicant having been
12 arrested or taken into custody before the applicant's 17th
13 birthday.
14 (Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95;
15 89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)
16 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
17 Sec. 1-8. Confidentiality and accessibility of juvenile
18 court records.
19 (A) Inspection and copying of juvenile court records
20 relating to a minor who is the subject of a proceeding under
21 this Act shall be restricted to the following:
22 (1) The minor who is the subject of record, his
23 parents, guardian and counsel.
24 (2) Law enforcement officers and law enforcement
25 agencies when such information is essential to executing
26 an arrest or search warrant or other compulsory process,
27 or to conducting an ongoing investigation or relating to
28 a minor who has been adjudicated delinquent and there has
29 been a previous finding that the act which constitutes
30 the previous offense was committed in furtherance of
31 criminal activities by a criminal street gang.
32 Before July 1, 1994, for the purposes of this
33 Section, "criminal street gang" means any ongoing
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1 organization, association, or group of 3 or more persons,
2 whether formal or informal, having as one of its primary
3 activities the commission of one or more criminal acts
4 and that has a common name or common identifying sign,
5 symbol or specific color apparel displayed, and whose
6 members individually or collectively engage in or have
7 engaged in a pattern of criminal activity.
8 Beginning July 1, 1994, for purposes of this
9 Section, "criminal street gang" has the meaning ascribed
10 to it in Section 10 of the Illinois Streetgang Terrorism
11 Omnibus Prevention Act.
12 (3) Judges, hearing officers, prosecutors,
13 probation officers, social workers or other individuals
14 assigned by the court to conduct a pre-adjudication or
15 predisposition investigation, and individuals responsible
16 for supervising or providing temporary or permanent care
17 and custody for minors pursuant to the order of the
18 juvenile court when essential to performing their
19 responsibilities.
20 (4) Judges, prosecutors and probation officers:
21 (a) in the course of a trial when institution
22 of criminal proceedings has been permitted under
23 Section 5-4 or required under Section 5-805 5-4; or
24 (b) when criminal proceedings have been
25 permitted under Section 5-4 or required under
26 Section 5-805 5-4 and a minor is the subject of a
27 proceeding to determine the amount of bail; or
28 (c) when criminal proceedings have been
29 permitted under Section 5-4 or required under
30 Section 5-805 5-4 and a minor is the subject of a
31 pre-trial investigation, pre-sentence investigation
32 or fitness hearing, or proceedings on an application
33 for probation; or
34 (d) when a minor becomes 17 years of age or
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1 older, and is the subject of criminal proceedings,
2 including a hearing to determine the amount of bail,
3 a pre-trial investigation, a pre-sentence
4 investigation, a fitness hearing, or proceedings on
5 an application for probation.
6 (5) Adult and Juvenile Prisoner Review Boards.
7 (6) Authorized military personnel.
8 (7) Victims, their subrogees and legal
9 representatives; however, such persons shall have access
10 only to the name and address of the minor and information
11 pertaining to the disposition or alternative adjustment
12 plan of the juvenile court.
13 (8) Persons engaged in bona fide research, with the
14 permission of the presiding judge of the juvenile court
15 and the chief executive of the agency that prepared the
16 particular records; provided that publication of such
17 research results in no disclosure of a minor's identity
18 and protects the confidentiality of the record.
19 (9) The Secretary of State to whom the Clerk of the
20 Court shall report the disposition of all cases, as
21 required in Section 6-204 of the Illinois Vehicle Code.
22 However, information reported relative to these offenses
23 shall be privileged and available only to the Secretary
24 of State, courts, and police officers.
25 (10) The administrator of a bonafide substance
26 abuse student assistance program with the permission of
27 the presiding judge of the juvenile court.
28 (B) A minor who is the victim in a juvenile proceeding
29 shall be provided the same confidentiality regarding
30 disclosure of identity as the minor who is the subject of
31 record.
32 (C) Except as otherwise provided in this subsection (C),
33 juvenile court records shall not be made available to the
34 general public but may be inspected by representatives of
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1 agencies, associations and news media or other properly
2 interested persons by general or special order of the court.
3 The State's Attorney, the minor, his parents, guardian and
4 counsel shall at all times have the right to examine court
5 files and records.
6 (1) The court shall allow the general public to
7 have access to the name, address, and offense of a minor
8 who is adjudicated a delinquent minor under this Act
9 under either of the following circumstances:
10 (A) The adjudication of delinquency was based
11 upon the minor's commission of first degree murder,
12 attempt to commit first degree murder, aggravated
13 criminal sexual assault, or criminal sexual assault;
14 or
15 (B) The court has made a finding that the
16 minor was at least 13 years of age at the time the
17 act was committed and the adjudication of
18 delinquency was based upon the minor's commission
19 of: (i) an act in furtherance of the commission of a
20 felony as a member of or on behalf of a criminal
21 street gang, (ii) an act involving the use of a
22 firearm in the commission of a felony, (iii) an act
23 that would be a Class X felony offense under or the
24 minor's second or subsequent Class 2 or greater
25 felony offense under the Cannabis Control Act if
26 committed by an adult, (iv) an act that would be a
27 second or subsequent offense under Section 402 of
28 the Illinois Controlled Substances Act if committed
29 by an adult, or (v) an act that would be an offense
30 under Section 401 of the Illinois Controlled
31 Substances Act if committed by an adult.
32 (2) The court shall allow the general public to
33 have access to the name, address, and offense of a minor
34 who is at least 13 years of age at the time the offense
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1 is committed and who is convicted, in criminal
2 proceedings permitted or required under Section 5-4,
3 under either of the following circumstances:
4 (A) The minor has been convicted of first
5 degree murder, attempt to commit first degree
6 murder, aggravated criminal sexual assault, or
7 criminal sexual assault,
8 (B) The court has made a finding that the
9 minor was at least 13 years of age at the time the
10 offense was committed and the conviction was based
11 upon the minor's commission of: (i) an offense in
12 furtherance of the commission of a felony as a
13 member of or on behalf of a criminal street gang,
14 (ii) an offense involving the use of a firearm in
15 the commission of a felony, (iii) a Class X felony
16 offense under or a second or subsequent Class 2 or
17 greater felony offense under the Cannabis Control
18 Act, (iv) a second or subsequent offense under
19 Section 402 of the Illinois Controlled Substances
20 Act, or (v) an offense under Section 401 of the
21 Illinois Controlled Substances Act.
22 (D) Pending or following any adjudication of delinquency
23 for any offense defined in Sections 12-13 through 12-16 of
24 the Criminal Code of 1961, the victim of any such offense
25 shall receive the rights set out in Sections 4 and 6 of the
26 Bill of Rights for Victims and Witnesses of Violent Crime
27 Act; and the juvenile who is the subject of the adjudication,
28 notwithstanding any other provision of this Act, shall be
29 treated as an adult for the purpose of affording such rights
30 to the victim.
31 (E) Nothing in this Section shall affect the right of a
32 Civil Service Commission or appointing authority of any
33 state, county or municipality examining the character and
34 fitness of an applicant for employment with a law enforcement
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1 agency, or correctional institution, or fire department to
2 ascertain whether that applicant was ever adjudicated to be a
3 delinquent minor and, if so, to examine the records of
4 disposition or evidence which were made in proceedings under
5 this Act.
6 (F) Following any adjudication of delinquency for a
7 crime which would be a felony if committed by an adult, or
8 following any adjudication of delinquency for a violation of
9 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
10 1961, the State's Attorney shall ascertain whether the minor
11 respondent is enrolled in school and, if so, shall provide a
12 copy of the dispositional order to the principal or chief
13 administrative officer of the school. Access to such
14 juvenile records shall be limited to the principal or chief
15 administrative officer of the school and any guidance
16 counselor designated by him.
17 (G) Nothing contained in this Act prevents the sharing
18 or disclosure of information or records relating or
19 pertaining to juveniles subject to the provisions of the
20 Serious Habitual Offender Comprehensive Action Program when
21 that information is used to assist in the early
22 identification and treatment of habitual juvenile offenders.
23 (H) When a Court hearing a proceeding under Article II
24 of this Act becomes aware that an earlier proceeding under
25 Article II had been heard in a different county, that Court
26 shall request, and the Court in which the earlier proceedings
27 were initiated shall transmit, an authenticated copy of the
28 Court record, including all documents, petitions, and orders
29 filed therein and the minute orders, transcript of
30 proceedings, and docket entries of the Court.
31 (I) The Clerk of the Circuit Court shall report to the
32 Department of State Police, in the form and manner required
33 by the Department of State Police, the final disposition of
34 each minor who has been arrested or taken into custody before
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1 his or her 17th birthday for those offenses required to be
2 reported under Section 5 of the Criminal Identification Act.
3 Information reported to the Department under this Section may
4 be maintained with records that the Department files under
5 Section 2.1 of the Criminal Identification Act.
6 (Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
7 89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
8 1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; 90-655, eff.
9 7-30-98; revised 8-26-98.)