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Public Act 102-0320 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Findings. The General Assembly finds that an | ||||
adequate continuum of care is necessary to better address the | ||||
needs of juveniles within the court system. | ||||
The General Assembly finds that the unique partnership of | ||||
State and local services is needed to provide the right | ||||
placements, and the right services for justice-involved | ||||
juveniles. | ||||
The General Assembly finds that providing information to | ||||
local probation departments in a timely manner will improve | ||||
both services and outcomes for juveniles. | ||||
Therefore, the General Assembly recommends that | ||||
information to assist juveniles needs to be available while at | ||||
the same time maintaining its confidentiality. | ||||
Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-901 as follows:
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(705 ILCS 405/5-901)
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Sec. 5-901. Court file.
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(1) The Court file with respect to proceedings under this
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Article shall consist of the petitions, pleadings, victim |
impact statements,
process,
service of process, orders, writs | ||
and docket entries reflecting hearings held
and judgments and | ||
decrees entered by the court. The court file shall be
kept | ||
separate from other records of the court.
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(a) The file, including information identifying the | ||
victim or alleged
victim of any sex
offense, shall be | ||
disclosed only to the following parties when necessary for
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discharge of their official duties:
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(i) A judge of the circuit court and members of the | ||
staff of the court
designated by the judge;
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(ii) Parties to the proceedings and their | ||
attorneys;
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(iii) Victims and their attorneys, except in cases | ||
of multiple victims
of
sex offenses in which case the | ||
information identifying the nonrequesting
victims | ||
shall be redacted;
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(iv) Probation officers, law enforcement officers | ||
or prosecutors or
their
staff;
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(v) Adult and juvenile Prisoner Review Boards.
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(b) The Court file redacted to remove any information | ||
identifying the
victim or alleged victim of any sex | ||
offense shall be disclosed only to the
following parties | ||
when necessary for discharge of their official duties:
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(i) Authorized military personnel;
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(ii) Persons engaged in bona fide research, with | ||
the permission of the
judge of the juvenile court and |
the chief executive of the agency that prepared
the
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particular recording: provided that publication of | ||
such research results in no
disclosure of a minor's | ||
identity and protects the confidentiality of the
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record;
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(iii) The Secretary of State to whom the Clerk of | ||
the Court shall report
the disposition of all cases, | ||
as required in Section 6-204 or Section 6-205.1
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;
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(iv) The administrator of a bonafide substance | ||
abuse student
assistance program with the permission | ||
of the presiding judge of the
juvenile court;
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(v) Any individual, or any public or private | ||
agency or institution,
having
custody of the juvenile | ||
under court order or providing educational, medical or
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mental health services to the juvenile or a | ||
court-approved advocate for the
juvenile or any | ||
placement provider or potential placement provider as
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determined by the court.
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(3) A minor who is the victim or alleged victim in a | ||
juvenile proceeding
shall be
provided the same confidentiality | ||
regarding disclosure of identity as the
minor who is the | ||
subject of record.
Information identifying victims and alleged |
victims of sex offenses,
shall not be disclosed or open to | ||
public inspection under any circumstances.
Nothing in this | ||
Section shall prohibit the victim or alleged victim of any sex
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offense from voluntarily disclosing his or her identity.
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(4) Relevant information, reports and records shall be | ||
made available to the
Department of
Juvenile Justice when a | ||
juvenile offender has been placed in the custody of the
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Department of Juvenile Justice.
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(4.5) Relevant information, reports and records, held by | ||
the Department of Juvenile Justice, including social | ||
investigation, psychological and medical records, of any | ||
juvenile offender, shall be made available to any county | ||
juvenile detention facility upon written request by the | ||
Superintendent or Director of that juvenile detention | ||
facility, to the Chief Records Officer of the Department of | ||
Juvenile Justice where the subject youth is or was in the | ||
custody of the Department of Juvenile Justice and is | ||
subsequently ordered to be held in a county juvenile detention | ||
facility. | ||
(5) Except as otherwise provided in this subsection (5), | ||
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. | ||
The State's Attorney, the minor, his or her parents, guardian | ||
and
counsel
shall at all times have the right to examine court |
files and records.
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(a) 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:
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(i) 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
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(ii) 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: (A)
an act in | ||
furtherance of the commission of a felony as a member | ||
of or on
behalf of a criminal street
gang, (B) an act | ||
involving the use of a firearm in the commission of a
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felony, (C) an act that would be a Class X felony | ||
offense
under or
the minor's second or subsequent
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Class 2 or greater felony offense under the Cannabis | ||
Control Act if committed
by an adult,
(D) an act that | ||
would be a second or subsequent offense under Section | ||
402 of
the Illinois Controlled Substances Act if | ||
committed by an adult, (E) an act
that would be an | ||
offense under Section 401 of the Illinois Controlled
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Substances Act if committed by an adult, or (F) an act | ||
that would be an offense under the Methamphetamine |
Control and Community Protection Act if committed by | ||
an adult.
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(b) 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
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permitted or required under Section 5-805, under either of
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the following
circumstances:
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(i) The minor has been convicted of first degree | ||
murder, attempt
to commit first degree
murder, | ||
aggravated criminal sexual
assault, or criminal sexual | ||
assault,
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(ii) 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
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minor's commission of: (A)
an offense in
furtherance | ||
of the commission of a felony as a member of or on | ||
behalf of a
criminal street gang, (B) an offense
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involving the use of a firearm in the commission of a | ||
felony, (C)
a Class X felony offense under the | ||
Cannabis Control Act or a second or
subsequent Class 2 | ||
or
greater felony offense under the Cannabis Control | ||
Act, (D) a
second or subsequent offense under Section | ||
402 of the Illinois
Controlled Substances Act, (E) an | ||
offense under Section 401 of the Illinois
Controlled | ||
Substances Act, or (F) an offense under the |
Methamphetamine Control and Community Protection Act.
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(6) Nothing in this Section shall be construed to limit | ||
the use of a
adjudication of delinquency as
evidence in any | ||
juvenile or criminal proceeding, where it would otherwise be
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admissible under the rules of evidence, including but not | ||
limited to, use as
impeachment evidence against any witness, | ||
including the minor if he or she
testifies.
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(7) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority examining the | ||
character and fitness of
an applicant for a position as a law | ||
enforcement officer to ascertain
whether that applicant was | ||
ever adjudicated to be a delinquent minor and,
if so, to | ||
examine the records or evidence which were made in
proceedings | ||
under this Act.
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(8) 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 or the | ||
Criminal Code of 2012, the State's Attorney shall ascertain
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whether the minor respondent is enrolled in school and, if so, | ||
shall provide
a copy of the sentencing 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
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counselor designated by him or her.
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(9) Nothing contained in this Act prevents the sharing or
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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.
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(11) 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 18th birthday for those offenses required to be reported
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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.
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(12) Information or records may be disclosed to the | ||
general public when the
court is conducting hearings under | ||
Section 5-805 or 5-810.
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(13) The changes made to this Section by Public Act 98-61 | ||
apply to juvenile court records of a minor who has been | ||
arrested or taken into custody on or after January 1, 2014 (the | ||
effective date of Public Act 98-61). | ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||
98-756, eff. 7-16-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |