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| | 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 | |
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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.
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| | A BILL FOR |
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1 | | AN ACT concerning courts.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Sections 5-120, 5-822, and 5-905 as follows:
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6 | | (705 ILCS 405/5-120)
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7 | | Sec. 5-120. Exclusive jurisdiction. Proceedings may be |
8 | | instituted under the provisions of this Article concerning
any |
9 | | minor who prior to his or her 18th birthday has violated or |
10 | | attempted to violate, regardless of where the act occurred, any |
11 | | federal, State, county or municipal law or ordinance. Except as |
12 | | provided in Sections 5-125, 5-130,
5-805, and 5-810 of this |
13 | | Article, no minor who was under 18 years of age at the
time of |
14 | | the alleged offense may be prosecuted under the criminal laws |
15 | | of this
State.
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16 | | The changes made to this Section by this amendatory Act of |
17 | | the 98th General Assembly apply to violations or attempted |
18 | | violations committed on or after the effective date of this |
19 | | amendatory Act. |
20 | | (Source: P.A. 98-61, eff. 1-1-14.)
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21 | | (705 ILCS 405/5-822) |
22 | | Sec. 5-822. Data collection. On the effective date of this |
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1 | | amendatory 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.
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23 | | (Source: P.A. 99-258, eff. 1-1-16 .)
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24 | | (705 ILCS 405/5-905)
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25 | | Sec. 5-905. Law enforcement records.
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1 | | (1) Law Enforcement Records.
Inspection and copying of law |
2 | | enforcement records maintained by law enforcement
agencies |
3 | | that relate to a minor who has been investigated, arrested, or |
4 | | taken into custody
before his or her 18th birthday shall be |
5 | | restricted to the following and when
necessary for the |
6 | | discharge of their official duties:
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7 | | (a) A judge of the circuit court and members of the |
8 | | staff of the court
designated by the judge;
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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;
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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;
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20 | | (d) Adult and Juvenile Prisoner Review Boards;
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21 | | (e) Authorized military personnel;
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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;
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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;
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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
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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
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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;
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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 |
18 | | sex offenses,
shall not be disclosed or open to public |
19 | | inspection under any circumstances.
Nothing in this Section |
20 | | shall prohibit the victim or alleged victim of any sex
offense |
21 | | from voluntarily disclosing his or her identity.
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22 | | (2.5) If the minor is a victim of aggravated battery, |
23 | | battery, attempted first degree murder, or other non-sexual |
24 | | violent offense, the identity of the victim may be disclosed to |
25 | | appropriate school officials, for the purpose of preventing |
26 | | foreseeable future violence involving minors, by a local law |
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1 | | enforcement agency pursuant to an agreement established |
2 | | between the school district and a local law enforcement agency |
3 | | subject to the approval by the presiding judge of the juvenile |
4 | | court. |
5 | | (3) Relevant information, reports and records shall be made |
6 | | available to the
Department of Juvenile Justice when a juvenile |
7 | | offender has been placed in the
custody of the Department of |
8 | | Juvenile Justice.
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9 | | (4) Nothing in this Section shall prohibit the inspection |
10 | | or disclosure to
victims and witnesses of photographs contained |
11 | | in the records of law
enforcement agencies when the inspection |
12 | | or disclosure is conducted in the
presence of a law enforcement |
13 | | officer for purposes of identification or
apprehension of any |
14 | | person in the course of any criminal investigation or
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15 | | prosecution.
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16 | | (5) The records of law enforcement officers, or of an |
17 | | independent agency created by ordinance and charged by a unit |
18 | | of local government with the duty of investigating the conduct |
19 | | of law enforcement officers, concerning all minors under
18 |
20 | | years of age must be maintained separate from the records of |
21 | | adults and
may not be open to public inspection or their |
22 | | contents disclosed to the
public except by order of the court |
23 | | or when the institution of criminal
proceedings has been |
24 | | permitted under Section 5-130 or 5-805 or required
under |
25 | | Section
5-130 or 5-805 or such a person has been convicted of a |
26 | | crime and is the
subject of
pre-sentence investigation or when |
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1 | | provided by law.
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2 | | (6) Except as otherwise provided in this subsection (6), |
3 | | law enforcement
officers, and personnel of an independent |
4 | | agency created by ordinance and charged by a unit of local |
5 | | government with the duty of investigating the conduct of law |
6 | | enforcement officers, may not disclose the identity of any |
7 | | minor
in releasing information to the general public as to the |
8 | | arrest, investigation
or disposition of any case involving a |
9 | | minor.
Any victim or parent or legal guardian of a victim may |
10 | | petition the court to
disclose the name and address of the |
11 | | minor and the minor's parents or legal
guardian, or both. Upon |
12 | | a finding by clear and convincing evidence that the
disclosure |
13 | | is either necessary for the victim to pursue a civil remedy |
14 | | against
the minor or the minor's parents or legal guardian, or |
15 | | both, or to protect the
victim's person or property from the |
16 | | minor, then the court may order the
disclosure of the |
17 | | information to the victim or to the parent or legal guardian
of |
18 | | the victim only for the purpose of the victim pursuing a civil |
19 | | remedy
against the minor or the minor's parents or legal |
20 | | guardian, or both, or to
protect the victim's person or |
21 | | property from the minor.
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22 | | (7) Nothing contained in this Section shall prohibit law |
23 | | enforcement
agencies when acting in their official capacity |
24 | | from communicating with each
other by letter, memorandum, |
25 | | teletype or
intelligence alert bulletin or other means the |
26 | | identity or other relevant
information pertaining to a person |
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1 | | under 18 years of age. The information
provided under this |
2 | | subsection (7) shall remain confidential and shall not
be |
3 | | publicly disclosed, except as otherwise allowed by law.
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4 | | (8) No person shall disclose information under this Section |
5 | | except when
acting in his or her official capacity and as |
6 | | provided by law or order of
court.
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7 | | (9) The changes made to this Section by Public Act 98-61 |
8 | | apply to law enforcement records of a minor who has been |
9 | | arrested or taken into custody on or after January 1, 2014 (the |
10 | | effective date of Public Act 98-61). |
11 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, |
12 | | eff. 8-6-15.)
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13 | | (705 ILCS 405/5-130 rep.)
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14 | | Section 10. The Juvenile Court Act of 1987 is amended by |
15 | | repealing Section 5-130. |
16 | | Section 15. The Code of Criminal Procedure of 1963 is |
17 | | amended by changing Section 115-10.5 as follows:
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18 | | (725 ILCS 5/115-10.5)
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19 | | Sec. 115-10.5. Hearsay exception regarding safe zone |
20 | | testimony.
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21 | | (a) In any prosecution for any offense charged as a |
22 | | violation of Section
407 of the Illinois Controlled Substances |
23 | | Act or , Section 55 of the Methamphetamine Control and Community |
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1 | | Protection Act , or Section 5-130 of the Juvenile
Court Act of |
2 | | 1987 the following evidence shall be admitted as an exception |
3 | | to
the hearsay rule any testimony by any qualified individual |
4 | | regarding the status
of any property as:
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5 | | (1) a truck stop or safety rest area, or
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6 | | (2) a school or conveyance owned, leased or contracted |
7 | | by a school to
transport students to or from school, or
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8 | | (3) residential property owned, operated, and managed |
9 | | by a public housing
agency, or
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10 | | (4) a public park, or
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11 | | (5) the real property comprising any church, |
12 | | synagogue, or other building,
structure, or place used |
13 | | primarily for religious worship, or
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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.
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20 | | (b) As used in this Section, "qualified individual" means |
21 | | any person who
(i) lived or worked within the territorial |
22 | | jurisdiction where the offense took
place when the offense took |
23 | | place; and (ii) is familiar with various public
places within |
24 | | the territorial jurisdiction where the offense took place when
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25 | | the offense took place.
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26 | | (c) For the purposes of this Section, "qualified |
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1 | | individual" includes any
peace officer, or any member of any |
2 | | duly organized State, county, or municipal
peace unit, assigned |
3 | | to the territorial jurisdiction where the offense took
place |
4 | | when the offense took place.
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5 | | (d) This Section applies to all prosecutions pending at the |
6 | | time this
amendatory Act of the 91st General Assembly takes |
7 | | effect and to all
prosecutions commencing on or after its |
8 | | effective date.
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9 | | (Source: P.A. 94-556, eff. 9-11-05.)
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