100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3645

 

Introduced , by Rep. Juliana Stratton

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-120
705 ILCS 405/5-822
705 ILCS 405/5-905
705 ILCS 405/5-130 rep.
725 ILCS 5/115-10.5

    Amends the Juvenile Court Act of 1987. Repeals the automatic transfer of a case to adult court for prosecution under the criminal laws of the State of a minor who at the time of an offense was at least 16 years of age and who is charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged the firearm and caused injury to another person, and all other charges arising out of the same incident as the murder, sexual assault, or aggravated battery with a firearm. Makes conforming changes.


LRB100 06168 SLF 16202 b

 

 

A BILL FOR

 

HB3645LRB100 06168 SLF 16202 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-120, 5-822, and 5-905 as follows:
 
6    (705 ILCS 405/5-120)
7    Sec. 5-120. Exclusive jurisdiction. Proceedings may be
8instituted under the provisions of this Article concerning any
9minor who prior to his or her 18th birthday has violated or
10attempted to violate, regardless of where the act occurred, any
11federal, State, county or municipal law or ordinance. Except as
12provided in Sections 5-125, 5-130, 5-805, and 5-810 of this
13Article, no minor who was under 18 years of age at the time of
14the alleged offense may be prosecuted under the criminal laws
15of this State.
16    The changes made to this Section by this amendatory Act of
17the 98th General Assembly apply to violations or attempted
18violations committed on or after the effective date of this
19amendatory Act.
20(Source: P.A. 98-61, eff. 1-1-14.)
 
21    (705 ILCS 405/5-822)
22    Sec. 5-822. Data collection. On the effective date of this

 

 

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1amendatory Act of the 99th General Assembly:
2        (1) The Clerk of the Circuit Court of every county in
3    this State, shall track the filing, processing, and
4    disposition of all cases:
5            (a) (blank) initiated in criminal court under
6        Section 5-130 of this Act;
7            (b) in which a motion to transfer was filed by the
8        State under Section 5-805 of this Act;
9            (c) in which a motion for extended jurisdiction was
10        filed by the State under Section 5-810 of this Act;
11            (d) in which a designation is sought of a Habitual
12        Juvenile Offender under Section 5-815 of this Act; and
13            (e) in which a designation is sought of a Violent
14        Juvenile Offender under Section 5-820 of this Act.
15        (2) For each category of case listed in subsection (1),
16    the clerk shall collect the following:
17            (a) age of the defendant and of the victim or
18        victims at the time of offense;
19            (b) race and ethnicity of the defendant and the
20        victim or victims;
21            (c) gender of the defendant and the victim or
22        victims;
23            (d) the offense or offenses charged;
24            (e) date filed and the date of final disposition;
25            (f) the final disposition;
26            (g) for those cases resulting in a finding or plea

 

 

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1        of guilty:
2                (i) charge or charges for which they are
3            convicted;
4                (ii) sentence for each charge;
5            (h) for cases under paragraph (c) of subsection
6        (1), the clerk shall report if the adult sentence is
7        applied due to non-compliance with the juvenile
8        sentence.
9        (3) On January 15 and June 15 of each year beginning 6
10    months after the effective date of this amendatory Act of
11    the 99th General Assembly, the Clerk of each county shall
12    submit a report outlining all of the information from
13    subsection (2) to the General Assembly and the county board
14    of the clerk's respective county.
15        (4) No later than 2 months after the effective date of
16    this amendatory Act of the 99th General Assembly, the
17    standards, confidentiality protocols, format, and data
18    depository for the semi-annual reports described in this
19    Section shall be identified by the State Advisory Group on
20    Juvenile Justice and Delinquency Prevention and
21    distributed to the General Assembly, county boards, and
22    county clerks' offices.
23(Source: P.A. 99-258, eff. 1-1-16.)
 
24    (705 ILCS 405/5-905)
25    Sec. 5-905. Law enforcement records.

 

 

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1    (1) Law Enforcement Records. Inspection and copying of law
2enforcement records maintained by law enforcement agencies
3that relate to a minor who has been investigated, arrested, or
4taken into custody before his or her 18th birthday shall be
5restricted to the following and when necessary for the
6discharge of their official duties:
7        (a) A judge of the circuit court and members of the
8    staff of the court designated by the judge;
9        (b) Law enforcement officers, probation officers or
10    prosecutors or their staff, or, when necessary for the
11    discharge of its official duties in connection with a
12    particular investigation of the conduct of a law
13    enforcement officer, an independent agency or its staff
14    created by ordinance and charged by a unit of local
15    government with the duty of investigating the conduct of
16    law enforcement officers;
17        (c) The minor, the minor's parents or legal guardian
18    and their attorneys, but only when the juvenile has been
19    charged with an offense;
20        (d) Adult and Juvenile Prisoner Review Boards;
21        (e) Authorized military personnel;
22        (f) Persons engaged in bona fide research, with the
23    permission of the judge of juvenile court and the chief
24    executive of the agency that prepared the particular
25    recording: provided that publication of such research
26    results in no disclosure of a minor's identity and protects

 

 

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1    the confidentiality of the record;
2        (g) Individuals responsible for supervising or
3    providing temporary or permanent care and custody of minors
4    pursuant to orders of the juvenile court or directives from
5    officials of the Department of Children and Family Services
6    or the Department of Human Services who certify in writing
7    that the information will not be disclosed to any other
8    party except as provided under law or order of court;
9        (h) The appropriate school official only if the agency
10    or officer believes that there is an imminent threat of
11    physical harm to students, school personnel, or others who
12    are present in the school or on school grounds.
13             (A) Inspection and copying shall be limited to law
14        enforcement records transmitted to the appropriate
15        school official or officials whom the school has
16        determined to have a legitimate educational or safety
17        interest by a local law enforcement agency under a
18        reciprocal reporting system established and maintained
19        between the school district and the local law
20        enforcement agency under Section 10-20.14 of the
21        School Code concerning a minor enrolled in a school
22        within the school district who has been arrested or
23        taken into custody for any of the following offenses:
24                (i) any violation of Article 24 of the Criminal
25            Code of 1961 or the Criminal Code of 2012;
26                (ii) a violation of the Illinois Controlled

 

 

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1            Substances Act;
2                (iii) a violation of the Cannabis Control Act;
3                (iv) a forcible felony as defined in Section
4            2-8 of the Criminal Code of 1961 or the Criminal
5            Code of 2012;
6                (v) a violation of the Methamphetamine Control
7            and Community Protection Act;
8                (vi) a violation of Section 1-2 of the
9            Harassing and Obscene Communications Act;
10                (vii) a violation of the Hazing Act; or
11                (viii) a violation of Section 12-1, 12-2,
12            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
13            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
14            Criminal Code of 1961 or the Criminal Code of 2012.
15            The information derived from the law enforcement
16        records shall be kept separate from and shall not
17        become a part of the official school record of that
18        child and shall not be a public record. The information
19        shall be used solely by the appropriate school official
20        or officials whom the school has determined to have a
21        legitimate educational or safety interest to aid in the
22        proper rehabilitation of the child and to protect the
23        safety of students and employees in the school. If the
24        designated law enforcement and school officials deem
25        it to be in the best interest of the minor, the student
26        may be referred to in-school or community based social

 

 

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1        services if those services are available.
2        "Rehabilitation services" may include interventions by
3        school support personnel, evaluation for eligibility
4        for special education, referrals to community-based
5        agencies such as youth services, behavioral healthcare
6        service providers, drug and alcohol prevention or
7        treatment programs, and other interventions as deemed
8        appropriate for the student.
9            (B) Any information provided to appropriate school
10        officials whom the school has determined to have a
11        legitimate educational or safety interest by local law
12        enforcement officials about a minor who is the subject
13        of a current police investigation that is directly
14        related to school safety shall consist of oral
15        information only, and not written law enforcement
16        records, and shall be used solely by the appropriate
17        school official or officials to protect the safety of
18        students and employees in the school and aid in the
19        proper rehabilitation of the child. The information
20        derived orally from the local law enforcement
21        officials shall be kept separate from and shall not
22        become a part of the official school record of the
23        child and shall not be a public record. This limitation
24        on the use of information about a minor who is the
25        subject of a current police investigation shall in no
26        way limit the use of this information by prosecutors in

 

 

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1        pursuing criminal charges arising out of the
2        information disclosed during a police investigation of
3        the minor. For purposes of this paragraph,
4        "investigation" means an official systematic inquiry
5        by a law enforcement agency into actual or suspected
6        criminal activity;
7        (i) The president of a park district. Inspection and
8    copying shall be limited to law enforcement records
9    transmitted to the president of the park district by the
10    Illinois State Police under Section 8-23 of the Park
11    District Code or Section 16a-5 of the Chicago Park District
12    Act concerning a person who is seeking employment with that
13    park district and who has been adjudicated a juvenile
14    delinquent for any of the offenses listed in subsection (c)
15    of Section 8-23 of the Park District Code or subsection (c)
16    of Section 16a-5 of the Chicago Park District Act.
17    (2) Information identifying victims and alleged victims of
18sex offenses, shall not be disclosed or open to public
19inspection under any circumstances. Nothing in this Section
20shall prohibit the victim or alleged victim of any sex offense
21from voluntarily disclosing his or her identity.
22    (2.5) If the minor is a victim of aggravated battery,
23battery, attempted first degree murder, or other non-sexual
24violent offense, the identity of the victim may be disclosed to
25appropriate school officials, for the purpose of preventing
26foreseeable future violence involving minors, by a local law

 

 

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1enforcement agency pursuant to an agreement established
2between the school district and a local law enforcement agency
3subject to the approval by the presiding judge of the juvenile
4court.
5    (3) Relevant information, reports and records shall be made
6available to the Department of Juvenile Justice when a juvenile
7offender has been placed in the custody of the Department of
8Juvenile Justice.
9    (4) Nothing in this Section shall prohibit the inspection
10or disclosure to victims and witnesses of photographs contained
11in the records of law enforcement agencies when the inspection
12or disclosure is conducted in the presence of a law enforcement
13officer for purposes of identification or apprehension of any
14person in the course of any criminal investigation or
15prosecution.
16    (5) The records of law enforcement officers, or of an
17independent agency created by ordinance and charged by a unit
18of local government with the duty of investigating the conduct
19of law enforcement officers, concerning all minors under 18
20years of age must be maintained separate from the records of
21adults and may not be open to public inspection or their
22contents disclosed to the public except by order of the court
23or when the institution of criminal proceedings has been
24permitted under Section 5-130 or 5-805 or required under
25Section 5-130 or 5-805 or such a person has been convicted of a
26crime and is the subject of pre-sentence investigation or when

 

 

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1provided by law.
2    (6) Except as otherwise provided in this subsection (6),
3law enforcement officers, and personnel of an independent
4agency created by ordinance and charged by a unit of local
5government with the duty of investigating the conduct of law
6enforcement officers, may not disclose the identity of any
7minor in releasing information to the general public as to the
8arrest, investigation or disposition of any case involving a
9minor. Any victim or parent or legal guardian of a victim may
10petition the court to disclose the name and address of the
11minor and the minor's parents or legal guardian, or both. Upon
12a finding by clear and convincing evidence that the disclosure
13is either necessary for the victim to pursue a civil remedy
14against the minor or the minor's parents or legal guardian, or
15both, or to protect the victim's person or property from the
16minor, then the court may order the disclosure of the
17information to the victim or to the parent or legal guardian of
18the victim only for the purpose of the victim pursuing a civil
19remedy against the minor or the minor's parents or legal
20guardian, or both, or to protect the victim's person or
21property from the minor.
22    (7) Nothing contained in this Section shall prohibit law
23enforcement agencies when acting in their official capacity
24from communicating with each other by letter, memorandum,
25teletype or intelligence alert bulletin or other means the
26identity or other relevant information pertaining to a person

 

 

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1under 18 years of age. The information provided under this
2subsection (7) shall remain confidential and shall not be
3publicly disclosed, except as otherwise allowed by law.
4    (8) No person shall disclose information under this Section
5except when acting in his or her official capacity and as
6provided by law or order of court.
7    (9) The changes made to this Section by Public Act 98-61
8apply to law enforcement records of a minor who has been
9arrested or taken into custody on or after January 1, 2014 (the
10effective date of Public Act 98-61).
11(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
12eff. 8-6-15.)
 
13    (705 ILCS 405/5-130 rep.)
14    Section 10. The Juvenile Court Act of 1987 is amended by
15repealing Section 5-130.
 
16    Section 15. The Code of Criminal Procedure of 1963 is
17amended by changing Section 115-10.5 as follows:
 
18    (725 ILCS 5/115-10.5)
19    Sec. 115-10.5. Hearsay exception regarding safe zone
20testimony.
21    (a) In any prosecution for any offense charged as a
22violation of Section 407 of the Illinois Controlled Substances
23Act or , Section 55 of the Methamphetamine Control and Community

 

 

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1Protection Act, or Section 5-130 of the Juvenile Court Act of
21987 the following evidence shall be admitted as an exception
3to the hearsay rule any testimony by any qualified individual
4regarding the status of any property as:
5        (1) a truck stop or safety rest area, or
6        (2) a school or conveyance owned, leased or contracted
7    by a school to transport students to or from school, or
8        (3) residential property owned, operated, and managed
9    by a public housing agency, or
10        (4) a public park, or
11        (5) the real property comprising any church,
12    synagogue, or other building, structure, or place used
13    primarily for religious worship, or
14        (6) the real property comprising any of the following
15    places, buildings, or structures used primarily for
16    housing or providing space for activities for senior
17    citizens: nursing homes, assisted-living centers, senior
18    citizen housing complexes, or senior centers oriented
19    toward daytime activities.
20    (b) As used in this Section, "qualified individual" means
21any person who (i) lived or worked within the territorial
22jurisdiction where the offense took place when the offense took
23place; and (ii) is familiar with various public places within
24the territorial jurisdiction where the offense took place when
25the offense took place.
26    (c) For the purposes of this Section, "qualified

 

 

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1individual" includes any peace officer, or any member of any
2duly organized State, county, or municipal peace unit, assigned
3to the territorial jurisdiction where the offense took place
4when the offense took place.
5    (d) This Section applies to all prosecutions pending at the
6time this amendatory Act of the 91st General Assembly takes
7effect and to all prosecutions commencing on or after its
8effective date.
9(Source: P.A. 94-556, eff. 9-11-05.)