Illinois General Assembly - Full Text of Public Act 096-0212
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Public Act 096-0212


 

Public Act 0212 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0212
 
SB1274 Enrolled LRB096 04556 RLC 14611 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 Section 1-8 as follows:
 
    (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.
    (A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
    (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.
        (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; 95-123, eff. 8-13-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2009