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Public Act 91-0479
HB0090 Enrolled LRB9100598RCks
AN ACT to amend the Juvenile Court Act of 1987 by
changing Section 5-905.
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 5-905 as follows:
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records. 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 and when necessary for the
discharge of their official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff;
(c) The minor, the minor's parents or legal
guardian and their attorneys, but only when the juvenile
has been charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief
executive of the agency that prepared the particular
recording: provided that publication of such research
results in no disclosure of a minor's identity and
protects the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of
minors pursuant to orders of the juvenile court or
directives from officials of the Department of Children
and Family Services or the Department of Human Services
who certify in writing that the information will not be
disclosed to any other party except as provided under law
or order of court;
(h) 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 for any offense classified as a felony or a
Class A or B misdemeanor.
(2) 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
offense from voluntarily disclosing his or her identity.
(3) Relevant information, reports and records shall be
made available to the Department of Corrections when a
juvenile offender has been placed in the custody of the
Department of Corrections, Juvenile Division.
(4) Nothing in 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 or disclosure is conducted in
the presence of a law enforcement officer for purposes of
identification or apprehension of any person in the course of
any criminal investigation or prosecution.
(5) The records of law enforcement officers concerning
all minors under 17 years of age must be maintained separate
from the records of adults and may not be open to public
inspection or their contents disclosed to the public except
by order of the court or when the institution of criminal
proceedings has been permitted under Section 5-130 or 5-805
or required under Section 5-130 or 5-805 or such a person has
been convicted of a crime and is the subject of pre-sentence
investigation or when provided by law.
(6) Except as otherwise provided in this subsection (6),
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. Any victim or parent or legal guardian of
a victim may petition the court to disclose the name and
address of the minor and the minor's parents or legal
guardian, or both. Upon a finding by clear and convincing
evidence that the disclosure is either necessary for the
victim to pursue a civil remedy against the minor or the
minor's parents or legal guardian, or both, or to protect the
victim's person or property from the minor, then the court
may order the disclosure of the information to the victim or
to the parent or legal guardian of the victim only for the
purpose of the victim pursuing a civil remedy against the
minor or the minor's parents or legal guardian, or both, or
to protect the victim's person or property from the minor.
Upon written request, law enforcement officers may release
the name and address of a minor who has been arrested for a
criminal offense to the victim, or if the victim is a minor,
to the victim's legal custodian, guardian or parent. The law
enforcement officer may release the information only if he or
she reasonably believes such release would not endanger the
person or property of the arrested minor or his or her
family.
(7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity
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. The information provided under this
subsection (7) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this
Section except when acting in his or her official capacity
and as provided by law or order of court.
(Source: P.A. 90-590, eff. 1-1-99.)
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