Public Act 102-0320
 
SB1552 EnrolledLRB102 12149 KMF 17486 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    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:
 


    (705 ILCS 405/5-901)



    Sec. 5-901. Court file. 

    (1) The Court file with respect to proceedings under this

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.


        (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

    discharge of their official duties:


            (i) A judge of the circuit court and members of the 
        staff of the court
designated by the judge;


            (ii) Parties to the proceedings and their 
        attorneys;


            (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;


            (iv) Probation officers, law enforcement officers 
        or prosecutors or
their
staff;


            (v) Adult and juvenile Prisoner Review Boards.


        (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:


            (i) Authorized military personnel;


            (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

        particular recording:  provided that publication of 
        such research results in no
disclosure of a minor's 
        identity and protects the confidentiality of the

        record;


            (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;


            (iv) The administrator of a bonafide substance 
        abuse student
assistance program with the permission 
        of the presiding judge of the
juvenile court;


            (v) Any individual, or any public or private 
        agency or institution,
having
custody of the juvenile 
        under court order or providing educational, medical or

        mental health services to the juvenile or a 
        court-approved advocate for the
juvenile or any 
        placement provider or potential placement provider as

        determined by the court.

    (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

offense from voluntarily disclosing his or her identity.

    (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

Department of Juvenile Justice.

    (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.


        (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:


            (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


            (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

        felony, (C) 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,
(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

        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.


        (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

    permitted or required under Section 5-805, under either of

    the following
circumstances:


            (i) The minor has been convicted of first degree 
        murder, attempt
to commit first degree
murder, 
        aggravated criminal sexual
assault, or criminal sexual 
        assault,


            (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

        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

        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.

    (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

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.

    (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.

    (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

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

counselor designated by him or her.

    (9) 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.

    (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

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.

    (12) Information or records may be disclosed to the 
general public when the
court is conducting hearings under 
Section 5-805 or 5-810.

    (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.)


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