Public Act 102-0615
 
HB3886 EnrolledLRB102 17071 RLC 22499 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 
adding Section 2-10.3 as follows:
 
    (705 ILCS 405/2-10.3 new)
    Sec. 2-10.3. Access to news media.
    (a) All youth in the custody or guardianship of the 
Department of Children and Family Services are entitled to the 
freedom of speech guaranteed by the First Amendment to the 
Constitution of the United States and Section 4 of Article I of 
the Illinois Constitution.  The Department of Children and 
Family Services and its agents and assigns shall not interfere 
with the right of any youth in its custody or guardianship to 
communicate with the news media if the youth chooses to do so.
    (b) Provisions related to minors under 18. Any time the 
news media requests to speak with a specific, identified minor 
under 18 years of age, the Department of Children and Family 
Services shall immediately provide notice of the news media's 
request to the minor's attorney and guardian ad litem. The 
notice shall include at a minimum the minor's name, the news 
media name, and the date of the inquiry from the news media.  
Within one business day of the news media's request, the 
Department shall determine whether the minor wants to speak 
with the news media, whether the minor has sufficient maturity 
to make his or her own decision to communicate with the news 
media and whether contact with the news media will more likely 
than not cause the minor serious physical, emotional, or 
mental harm.   The Department shall provide notice of its 
determination to the minor's attorney and guardian ad litem 
within one business day of its determination.
    (c) Provisions related to minors over 18. The Department 
shall not take any action to interfere with the right of a 
minor over 18 to speak with the news media.
    (d) Court Review.
        (1) Any party may file a motion seeking to enforce 
    rights under this Section.
        (2) If the minor does not have an attorney, the court 
    shall appoint one for purposes of the motion.
        (3) The Department shall facilitate the minor's 
    presence in court for hearings on the motion if the minor 
    wants to be present.
        (4) The party filing the motion shall provide prior 
    notice of the hearing to the involved news media.
        (5) Minors over 18.  If the court finds that the 
    Department has interfered with the minor's right to 
    communicate with the media, the court shall enjoin any 
    further interference by the Department with the minor's 
    contacts with the news media.
        (6) Minors under 18. The Department shall have the 
    burden of establishing by clear and convincing evidence: 
    (i) that the minor does not have sufficient maturity to 
    make his or her own decision to communicate with the news 
    media and that contact with the news media will, more 
    likely than not, cause the minor serious physical, 
    emotional, or mental harm; and (ii) that less restrictive 
    means are insufficient to address the minor's lack of 
    maturity or the risk of serious physical, emotional, or 
    mental harm.  If the court finds by clear and convincing 
    evidence that a minor under 18 years of age lacks 
    sufficient maturity to make his or her own decision to 
    communicate with the media and that the contact with the 
    news media will, more likely than not, cause the minor 
    serious physical, emotional, or mental harm, the court may 
    issue an order identifying the specific limits that the 
    Department may impose on the minor's communication with 
    the news media. The order shall not permit the Department 
    to prevent the minor from communicating with the news 
    media unless it determines that no less restrictive means 
    are available to address the likelihood of harm to the 
    minor.
        (7) The court shall not impose any limitations on the 
    speech of a minor based on viewpoints the minor may 
    express or information the minor may divulge, unless it is 
    confidential information regarding third parties.
        (8) All orders resolving motions  brought under this 
    subsection shall contain written findings in support of 
    the court's ruling.
    (e) As used in this Section, "interfere" includes, but is 
not limited to: withholding information from a minor about a 
news media outlet's request to speak with the minor, including 
any contact information necessary to respond to the request; 
preventing a minor from communicating with the news media; 
threatening or coercing the minor in any manner; or punishing 
or taking adverse action because of a minor's contact with the 
news media. "Interfere" does not include:
        (1) providing information and advice about 
    communicating with news media that is consistent with the 
    minor's age, developmental capacity and circumstances, 
    including information about the minor's right to refuse 
    particular questions, the right to condition the 
    participation upon a promise of anonymity or other privacy 
    measures, the right to refuse to speak to the news media, 
    and similar advice designed to enhance the minor's right 
    to autonomy in communicating with the news media; and
        (2) conducting an inquiry into (i) whether a minor 
    under 18 is sufficiently mature to decide for themselves 
    whether to communicate with the news media and (ii) 
    whether communicating with the news media will more likely 
    than not cause serious physical, emotional, or mental harm 
    to the minor under 18. The inquiry in this subsection must 
    be concluded within one business day of the request from 
    the news media.
    (f) As used in this Section, "less restrictive means" are 
conditions on the minor's ability to communicate with the news 
media that mitigate the likelihood that physical, emotional, 
or mental harm will result, and include, but are not limited 
to:
        (1) the news media outlet's willingness to take steps 
    to protect the minor's privacy, such as using a pseudonym 
    or limiting the use of the voice or image of a minor;
        (2) the presence of the minor's guardian ad litem or 
    attorney or another adult of the minor's choosing, during 
    the communication with the news media; and
        (3) providing the minor with age-appropriate media 
    literacy materials or other relevant educational material.

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/27/2021