Public Act 095-0123
Public Act 0123 95TH GENERAL ASSEMBLY
|
|
Public Act 095-0123
|
| HB0615 Enrolled |
LRB095 06667 RLC 26776 b |
|
| AN ACT concerning courts.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Juvenile Court Act of 1987 is amended by | changing Sections 1-7 and 1-8 as follows:
| (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| Sec. 1-7. Confidentiality of law enforcement records.
| (A) Inspection and copying of law enforcement records | maintained by law
enforcement agencies that relate to a minor | who has been arrested or taken
into custody before his or her | 17th birthday shall be restricted to the
following:
| (1) Any local, State or federal law enforcement | officers of any
jurisdiction or agency when necessary for | the discharge of their official
duties during the | investigation or prosecution of a crime or relating to a
| minor who has been adjudicated delinquent and there has | been a previous finding
that the act which constitutes the | previous offense was committed in
furtherance of criminal | activities by a criminal street gang. For purposes of
this | Section, "criminal street gang" has the meaning ascribed to | it in
Section 10 of the Illinois Streetgang Terrorism | Omnibus Prevention Act.
| (2) Prosecutors, probation officers, social workers, |
| or other
individuals assigned by the court to conduct a | pre-adjudication or
pre-disposition investigation, and | individuals responsible for supervising
or providing | temporary or permanent care and custody for minors pursuant | to
the order of the juvenile court, when essential to | performing their
responsibilities.
| (3) Prosecutors and probation officers:
| (a) in the course of a trial when institution of | criminal proceedings
has been permitted or required | under Section 5-805; or
| (b) when institution of criminal proceedings has | been permitted or required under Section 5-805 and such | minor is the
subject
of a proceeding to determine the | amount of bail; or
| (c) when criminal proceedings have been permitted
| or
required under Section 5-805 and such minor is the | subject of a
pre-trial
investigation, pre-sentence | investigation, fitness hearing, or proceedings
on an | application for probation.
| (4) Adult and Juvenile Prisoner Review Board.
| (5) Authorized military personnel.
| (6) Persons engaged in bona fide research, with the | permission of the
Presiding Judge of the Juvenile Court and | the chief executive of the respective
law enforcement | agency; provided that publication of such research results
| in no disclosure of a minor's identity and protects the |
| confidentiality
of the minor's record.
| (7) Department of Children and Family Services child | protection
investigators acting in their official | capacity.
| (8) The appropriate school official. Inspection and | copying
shall be limited to law enforcement records | transmitted to the appropriate
school official by a local | law enforcement agency under a reciprocal reporting
system | established and maintained between the school district and | the local law
enforcement agency under Section 10-20.14 of | the School Code concerning a minor
enrolled in a school | within the school district who has been arrested or taken
| into custody for any of the following offenses:
| (i) unlawful use of weapons under Section 24-1 of | the Criminal Code of
1961;
| (ii) a violation of the Illinois Controlled | Substances Act;
| (iii) a violation of the Cannabis Control Act;
| (iv) a forcible felony as defined in Section 2-8 of | the Criminal Code
of 1961; or | (v) a violation of the Methamphetamine Control and | Community Protection Act.
| (9) Mental health professionals on behalf of the | Illinois Department of
Corrections or the Department of | Human Services or prosecutors who are
evaluating, | prosecuting, or investigating a potential or actual |
| petition
brought
under the Sexually Violent Persons | Commitment Act relating to a person who is
the
subject of | juvenile law enforcement records or the respondent to a | petition
brought under the Sexually Violent Persons | Commitment Act who is the subject of
the
juvenile law | enforcement records sought.
Any records and any | information obtained from those records under this
| paragraph (9) may be used only in sexually violent persons | commitment
proceedings.
| (B) (1) Except as provided in paragraph (2), no law | enforcement
officer or other person or agency may knowingly | transmit to the Department of
Corrections, Adult Division | or the Department of State Police or to the Federal
Bureau | of Investigation any fingerprint or photograph relating to | a minor who
has been arrested or taken into custody before | his or her 17th birthday,
unless the court in proceedings | under this Act authorizes the transmission or
enters an | order under Section 5-805 permitting or requiring the
| institution of
criminal proceedings.
| (2) Law enforcement officers or other persons or | agencies shall transmit
to the Department of State Police | copies of fingerprints and descriptions
of all minors who | have been arrested or taken into custody before their
17th | birthday for the offense of unlawful use of weapons under | Article 24 of
the Criminal Code of 1961, a Class X or Class | 1 felony, a forcible felony as
defined in Section 2-8 of |
| the Criminal Code of 1961, or a Class 2 or greater
felony | under the Cannabis Control Act, the Illinois Controlled | Substances Act, the Methamphetamine Control and Community | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | pursuant to Section 5 of the
Criminal Identification Act. | Information reported to the Department pursuant
to this | Section may be maintained with records that the Department | files
pursuant to Section 2.1 of the Criminal | Identification Act. Nothing in this
Act prohibits a law | enforcement agency from fingerprinting a minor taken into
| custody or arrested before his or her 17th birthday for an | offense other than
those listed in this paragraph (2).
| (C) The records of law enforcement officers concerning all | minors under
17 years of age must be maintained separate from | the records of arrests and
may not be open to public inspection | or their contents disclosed to the
public except by order of | the court presiding over matters pursuant to this Act or when | the institution of criminal
proceedings has been permitted or | required under Section
5-805 or such a person has been | convicted of a crime and is the
subject of
pre-sentence | investigation or proceedings on an application for probation
or | when provided by law. For purposes of obtaining documents | pursuant to this Section, a civil subpoena is not an order of | the court. | (1) In cases where the law enforcement records concern | a pending juvenile court case, the party seeking to inspect |
| the records shall provide actual notice to the attorney or | guardian ad litem of the minor whose records are sought. | (2) In cases where the records concern a juvenile court | case that is no longer pending, the party seeking to | inspect the records shall provide actual notice to the | minor or the minor's parent or legal guardian, and the | matter shall be referred to the chief judge presiding over | matters pursuant to this Act. | (3) In determining whether the records should be | available for inspection, the court shall consider the | minor's interest in confidentiality and rehabilitation | over the moving party's interest in obtaining the | information. Any records obtained in violation of this | subsection (C) shall not be admissible in any criminal or | civil proceeding, or operate to disqualify a minor from | subsequently holding public office or securing employment, | or operate as a forfeiture of any public benefit, right, | privilege, or right to receive any license granted by | public authority.
| (D) Nothing contained in subsection (C) of this Section | shall prohibit
the inspection or disclosure to victims and | witnesses of photographs
contained in the records of law | enforcement agencies when the
inspection and disclosure is | conducted in the presence of a law enforcement
officer for the | purpose of the identification or apprehension of any person
| subject to the provisions of this Act or for the investigation |
| or
prosecution of any crime.
| (E) Law enforcement officers may not disclose the identity | of any minor
in releasing information to the general public as | to the arrest, investigation
or disposition of any case | involving a minor.
| (F) Nothing contained in this Section shall prohibit law | enforcement
agencies from communicating with each other by | letter, memorandum, teletype or
intelligence alert bulletin or | other means the identity or other relevant
information | pertaining to a person under 17 years of age if there are
| reasonable grounds to believe that the person poses a real and | present danger
to the safety of the public or law enforcement | officers. The information
provided under this subsection (F) | shall remain confidential and shall not
be publicly disclosed, | except as otherwise allowed by law.
| (G) Nothing in this Section shall prohibit the right of a | Civil Service
Commission or appointing authority of any state, | county or municipality
examining the character and fitness of | an applicant for employment with a law
enforcement agency, | correctional institution, or fire department
from obtaining | and examining the
records of any law enforcement agency | relating to any record of the applicant
having been arrested or | taken into custody before the applicant's 17th
birthday.
| (Source: P.A. 94-556, eff. 9-11-05.)
| (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
|
| Sec. 1-8. Confidentiality and accessibility of juvenile | court records.
| (A) Inspection and copying of juvenile court records | relating to a minor
who is the subject of a proceeding under | this Act shall be restricted to the
following:
| (1) The minor who is the subject of record, his | parents, guardian
and counsel.
| (2) Law enforcement officers and law enforcement | agencies when such
information is essential to executing an | arrest or search warrant or other
compulsory process, or to | conducting an ongoing investigation
or relating to a minor | who
has been adjudicated delinquent and there has been a | previous finding that
the act which constitutes the | previous offense was committed in furtherance
of criminal | activities by a criminal street gang.
| Before July 1, 1994, for the purposes of this Section, | "criminal street
gang" means any ongoing
organization, | association, or group of 3 or more persons, whether formal | or
informal, having as one of its primary activities the | commission of one or
more criminal acts and that has a | common name or common identifying sign,
symbol or specific | color apparel displayed, and whose members individually
or | collectively engage in or have engaged in a pattern of | criminal activity.
| Beginning July 1, 1994, for purposes of this Section, | "criminal street
gang" has the meaning ascribed to it in |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | Prevention Act.
| (3) Judges, hearing officers, prosecutors, probation | officers, social
workers or other
individuals assigned by | the court to conduct a pre-adjudication or
predisposition | investigation, and individuals responsible for supervising
| or providing temporary or permanent care and custody for | minors pursuant
to the order of the juvenile court when | essential to performing their
responsibilities.
| (4) Judges, prosecutors and probation officers:
| (a) in the course of a trial when institution of | criminal proceedings
has been permitted or required | under Section 5-805; or
| (b) when criminal proceedings have been permitted
| or
required under Section 5-805 and a minor is the | subject of a
proceeding to
determine the amount of | bail; or
| (c) when criminal proceedings have been permitted
| or
required under Section 5-805 and a minor is the | subject of a
pre-trial
investigation, pre-sentence | investigation or fitness hearing, or
proceedings on an | application for probation; or
| (d) when a minor becomes 17 years of age or older, | and is the subject
of criminal proceedings, including a | hearing to determine the amount of
bail, a pre-trial | investigation, a pre-sentence investigation, a fitness
|
| hearing, or proceedings on an application for | probation.
| (5) Adult and Juvenile Prisoner Review Boards.
| (6) Authorized military personnel.
| (7) Victims, their subrogees and legal | representatives; however, such
persons shall have access | only to the name and address of the minor and
information | pertaining to the disposition or alternative adjustment | plan
of the juvenile court.
| (8) Persons engaged in bona fide research, with the | permission of the
presiding judge of the juvenile court and | the chief executive of the agency
that prepared the | particular records; provided that publication of such
| research results in no disclosure of a minor's identity and | protects the
confidentiality of the record.
| (9) The Secretary of State to whom the Clerk of the | Court shall report
the disposition of all cases, as | required in Section 6-204 of the Illinois
Vehicle Code. | However, information reported relative to these offenses | shall
be privileged and available only to the Secretary of | State, courts, and police
officers.
| (10) The administrator of a bonafide substance abuse | student
assistance program with the permission of the | presiding judge of the
juvenile court.
| (11) Mental health professionals on behalf of the | Illinois Department of
Corrections or the Department of |
| Human Services or prosecutors who are
evaluating, | prosecuting, or investigating a potential or actual | petition
brought
under the Sexually Persons Commitment Act | relating to a person who is the
subject of
juvenile court | records or the respondent to a petition brought under
the
| Sexually Violent Persons Commitment Act, who is the subject | of juvenile
court records
sought. Any records and any | information obtained from those records under this
| paragraph (11) may be used only in sexually violent persons | commitment
proceedings.
| (B) A minor who is the victim in a juvenile proceeding | shall be
provided the same confidentiality regarding | disclosure of identity as the
minor who is the subject of | record.
| (C) Except as otherwise provided in this subsection (C), | juvenile court
records shall not be made available to the | general public
but may be inspected by representatives of | agencies, associations and news
media or other properly | interested persons by general or special order of
the court | presiding over matters pursuant to this Act. The State's | Attorney, the minor, his parents, guardian and counsel
shall at | all times have the right to examine court files and records. | (0.1) In cases where the records concern a pending | juvenile court case, the party seeking to inspect the | juvenile court records shall provide actual notice to the | attorney or guardian ad litem of the minor whose records |
| are sought. | (0.2) In cases where the records concern a juvenile | court case that is no longer pending, the party seeking to | inspect the juvenile court records shall provide actual | notice to the minor or the minor's parent or legal | guardian, and the matter shall be referred to the chief | judge presiding over matters pursuant to this Act. | (0.3) In determining whether the records should be | available for inspection, the court shall consider the | minor's interest in confidentiality and rehabilitation | over the moving party's interest in obtaining the | information. The State's Attorney, the minor, and the | minor's parents, guardian, and counsel shall at all times | have the right to examine court files and records. For | purposes of obtaining documents pursuant to this Section, a | civil subpoena is not an order of the court. | (0.4) Any records obtained in violation of this | subsection (C) shall not be admissible in any criminal or | civil proceeding, or operate to disqualify a minor from | subsequently holding public office, or operate as a | forfeiture of any public benefit, right, privilege, or | right to receive any license granted by public authority.
| (1) The
court shall allow the general public to have | access to the name, address, and offense of a minor
who is | adjudicated a delinquent minor under this Act under either | of the
following circumstances:
|
| (A) The
adjudication of
delinquency was based upon | the
minor's
commission of first degree murder, attempt | to commit first degree
murder, aggravated criminal | sexual assault, or criminal sexual assault; or
| (B) The court has made a finding that the minor was | at least 13 years of
age
at the time the act was | committed and the adjudication of delinquency was | based
upon the minor's commission of: (i)
an act in | furtherance of the commission of a felony as a member | of or on
behalf of a criminal street
gang, (ii) an act | involving the use of a firearm in the commission of a
| felony, (iii) an act that would be a Class X felony | offense
under or
the minor's second or subsequent
Class | 2 or greater felony offense under the Cannabis Control | Act if committed by an adult,
(iv) an act that would be | a second or subsequent offense under Section 402 of
the | Illinois Controlled Substances Act if committed by an | adult, (v) an act
that would be an offense under | Section 401 of the Illinois Controlled
Substances Act | if committed by an adult, (vi) an act that would be a | second or subsequent offense under Section 60 of the | Methamphetamine Control and Community Protection Act, | or (vii) an act that would be an offense under another | Section of the Methamphetamine Control and Community | Protection Act.
| (2) The court
shall allow the general public to have |
| access to the name, address, and offense of a minor who is | at least 13 years of age at
the time the offense
is | committed and who is convicted, in criminal proceedings
| permitted or required under Section 5-4, under either of | the following
circumstances:
| (A) The minor has been convicted of first degree | murder, attempt
to commit first degree
murder, | aggravated criminal sexual
assault, or criminal sexual | assault,
| (B) The court has made a finding that the minor was | at least 13 years
of age
at the time the offense was | committed and the conviction was based upon the
minor's | commission of: (i)
an offense in
furtherance of the | commission of a felony as a member of or on behalf of a
| criminal street gang, (ii) an offense
involving the use | of a firearm in the commission of a felony, (iii)
a | Class X felony offense under or a second or subsequent | Class 2 or
greater felony offense under the Cannabis | Control Act, (iv) a
second or subsequent offense under | Section 402 of the Illinois
Controlled Substances Act, | (v) an offense under Section 401 of the Illinois
| Controlled Substances Act, (vi) an act that would be a | second or subsequent offense under Section 60 of the | Methamphetamine Control and Community Protection Act, | or (vii) an act that would be an offense under another | Section of the Methamphetamine Control and Community |
| Protection Act.
| (D) Pending or following any adjudication of delinquency | for
any offense defined
in Sections 12-13 through 12-16 of the | Criminal Code of 1961,
the victim of any such offense shall | receive the
rights set out in Sections 4 and 6 of the Bill of
| Rights for Victims and Witnesses of Violent Crime Act; and the
| juvenile who is the subject of the adjudication, | notwithstanding any other
provision of this Act, shall be | treated
as an adult for the purpose of affording such rights to | the victim.
| (E) Nothing in this Section shall affect the right of a | Civil Service
Commission or appointing authority of any state, | county or municipality
examining the character and fitness of
| an applicant for employment with a law enforcement
agency, | correctional institution, or fire department to
ascertain
| whether that applicant was ever adjudicated to be a delinquent | minor and,
if so, to examine the records of disposition or | evidence which were made in
proceedings under this Act.
| (F) Following any adjudication of delinquency for a crime | which would be
a felony if committed by an adult, or following | any adjudication of delinquency
for a violation of Section | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | State's Attorney shall ascertain
whether the minor respondent | is enrolled in school and, if so, shall provide
a copy of the | dispositional order to the principal or chief administrative
| officer of the school. Access to such juvenile records shall be |
| limited
to the principal or chief administrative officer of the | school and any guidance
counselor designated by him.
| (G) Nothing contained in this Act prevents the sharing or
| disclosure of information or records relating or pertaining to | juveniles
subject to the provisions of the Serious Habitual | Offender Comprehensive
Action Program when that information is | used to assist in the early
identification and treatment of | habitual juvenile offenders.
| (H) When a Court hearing a proceeding under Article II of | this Act becomes
aware that an earlier proceeding under Article | II had been heard in a different
county, that Court shall | request, and the Court in which the earlier
proceedings were | initiated shall transmit, an authenticated copy of the Court
| record, including all documents, petitions, and orders filed | therein and the
minute orders, transcript of proceedings, and | docket entries of the Court.
| (I) The Clerk of the Circuit Court shall report to the | Department of
State
Police, in the form and manner required by | the Department of State Police, the
final disposition of each | minor who has been arrested or taken into custody
before his or | her 17th birthday for those offenses required to be reported
| under Section 5 of the Criminal Identification Act. Information | reported to
the Department under this Section may be maintained | with records that the
Department files under Section 2.1 of the | Criminal Identification Act.
| (Source: P.A. 94-556, eff. 9-11-05.)
|
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/13/2007
|
Translate
