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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. Findings. | |||||||||||||||||||
5 | The General Assembly finds that an adequate continuum of | |||||||||||||||||||
6 | care is necessary to better address the needs of juveniles | |||||||||||||||||||
7 | within the court system. | |||||||||||||||||||
8 | The General Assembly finds that the unique partnership of | |||||||||||||||||||
9 | State and local services is needed to provide the right | |||||||||||||||||||
10 | placements, and the right services for justice-involved | |||||||||||||||||||
11 | juveniles. | |||||||||||||||||||
12 | The General Assembly finds that providing information to | |||||||||||||||||||
13 | local probation departments in a timely manner will improve | |||||||||||||||||||
14 | both services and outcomes for juveniles. | |||||||||||||||||||
15 | Therefore, the General Assembly recommends that | |||||||||||||||||||
16 | information to assist juveniles needs to be available while at | |||||||||||||||||||
17 | the same time maintaining its confidentiality.
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18 | Section 10. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
19 | changing Section 5-901 as follows:
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20 | (705 ILCS 405/5-901)
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21 | Sec. 5-901. Court file.
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22 | (1) The Court file with respect to proceedings under this
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1 | Article shall consist of the petitions, pleadings, victim | ||||||
2 | impact statements,
process,
service of process, orders, writs | ||||||
3 | and docket entries reflecting hearings held
and judgments and | ||||||
4 | decrees entered by the court. The court file shall be
kept | ||||||
5 | separate from other records of the court.
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6 | (a) The file, including information identifying the | ||||||
7 | victim or alleged
victim of any sex
offense, shall be | ||||||
8 | disclosed only to the following parties when necessary for
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9 | discharge of their official duties:
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10 | (i) A judge of the circuit court and members of the | ||||||
11 | staff of the court
designated by the judge;
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12 | (ii) Parties to the proceedings and their | ||||||
13 | attorneys;
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14 | (iii) Victims and their attorneys, except in cases | ||||||
15 | of multiple victims
of
sex offenses in which case the | ||||||
16 | information identifying the nonrequesting
victims | ||||||
17 | shall be redacted;
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18 | (iv) Probation officers, law enforcement officers | ||||||
19 | or prosecutors or
their
staff;
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20 | (v) Adult and juvenile Prisoner Review Boards.
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21 | (b) The Court file redacted to remove any information | ||||||
22 | identifying the
victim or alleged victim of any sex offense | ||||||
23 | shall be disclosed only to the
following parties when | ||||||
24 | necessary for discharge of their official duties:
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25 | (i) Authorized military personnel;
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26 | (ii) Persons engaged in bona fide research, with |
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1 | the permission of the
judge of the juvenile court and | ||||||
2 | the chief executive of the agency that prepared
the
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3 | particular recording: provided that publication of | ||||||
4 | such research results in no
disclosure of a minor's | ||||||
5 | identity and protects the confidentiality of the
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6 | record;
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7 | (iii) The Secretary of State to whom the Clerk of | ||||||
8 | the Court shall report
the disposition of all cases, as | ||||||
9 | required in Section 6-204 or Section 6-205.1
of the | ||||||
10 | Illinois
Vehicle Code. However, information reported | ||||||
11 | relative to these offenses shall
be privileged and | ||||||
12 | available only to the Secretary of State, courts, and | ||||||
13 | police
officers;
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14 | (iv) The administrator of a bonafide substance | ||||||
15 | abuse student
assistance program with the permission | ||||||
16 | of the presiding judge of the
juvenile court;
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17 | (v) Any individual, or any public or private agency | ||||||
18 | or institution,
having
custody of the juvenile under | ||||||
19 | court order or providing educational, medical or
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20 | mental health services to the juvenile or a | ||||||
21 | court-approved advocate for the
juvenile or any | ||||||
22 | placement provider or potential placement provider as
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23 | determined by the court.
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24 | (3) A minor who is the victim or alleged victim in a | ||||||
25 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
26 | regarding disclosure of identity as the
minor who is the |
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1 | subject of record.
Information identifying victims and alleged | ||||||
2 | victims of sex offenses,
shall not be disclosed or open to | ||||||
3 | public inspection under any circumstances.
Nothing in this | ||||||
4 | Section shall prohibit the victim or alleged victim of any sex
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5 | offense from voluntarily disclosing his or her identity.
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6 | (4) Relevant information, reports and records shall be made | ||||||
7 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
8 | offender has been placed in the custody of the
Department of | ||||||
9 | Juvenile Justice. | ||||||
10 | (4.5) Relevant information, reports and records, held by | ||||||
11 | the Department of Juvenile Justice, including social | ||||||
12 | investigation, psychological and medical records, of any | ||||||
13 | juvenile offender, shall be made available to any county | ||||||
14 | juvenile detention facility or any Illinois Probation | ||||||
15 | Department, where the subject juvenile offender formerly was in | ||||||
16 | the custody of the Department of Juvenile Justice, released to | ||||||
17 | mandatory supervision, released to aftercare, or released to | ||||||
18 | juvenile parole, and is subsequently ordered to be held in a | ||||||
19 | county juvenile detention facility, or ordered to be supervised | ||||||
20 | by a county or circuit Probation Department.
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21 | (5) Except as otherwise provided in this subsection (5), | ||||||
22 | juvenile court
records shall not be made available to the | ||||||
23 | general public
but may be inspected by representatives of | ||||||
24 | agencies, associations and news
media or other properly | ||||||
25 | interested persons by general or special order of
the court. | ||||||
26 | The State's Attorney, the minor, his or her parents, guardian |
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1 | and
counsel
shall at all times have the right to examine court | ||||||
2 | files and records.
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3 | (a) The
court shall allow the general public to have | ||||||
4 | access to the name, address, and
offense of a minor
who is | ||||||
5 | adjudicated a delinquent minor under this Act under either | ||||||
6 | of the
following circumstances:
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7 | (i) The
adjudication of
delinquency was based upon | ||||||
8 | the
minor's
commission of first degree murder, attempt | ||||||
9 | to commit first degree
murder, aggravated criminal | ||||||
10 | sexual assault, or criminal sexual assault; or
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11 | (ii) The court has made a finding that the minor | ||||||
12 | was at least 13 years
of
age
at the time the act was | ||||||
13 | committed and the adjudication of delinquency was | ||||||
14 | based
upon the minor's commission of: (A)
an act in | ||||||
15 | furtherance of the commission of a felony as a member | ||||||
16 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
17 | involving the use of a firearm in the commission of a
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18 | felony, (C) an act that would be a Class X felony | ||||||
19 | offense
under or
the minor's second or subsequent
Class | ||||||
20 | 2 or greater felony offense under the Cannabis Control | ||||||
21 | Act if committed
by an adult,
(D) an act that would be | ||||||
22 | a second or subsequent offense under Section 402 of
the | ||||||
23 | Illinois Controlled Substances Act if committed by an | ||||||
24 | adult, (E) an act
that would be an offense under | ||||||
25 | Section 401 of the Illinois Controlled
Substances Act | ||||||
26 | if committed by an adult, or (F) an act that would be |
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1 | an offense under the Methamphetamine Control and | ||||||
2 | Community Protection Act if committed by an adult.
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3 | (b) The court
shall allow the general public to have | ||||||
4 | access to the name, address, and offense
of a minor who is | ||||||
5 | at least 13 years of age at
the time the offense
is | ||||||
6 | committed and who is convicted, in criminal proceedings
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7 | permitted or required under Section 5-805, under either of
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8 | the following
circumstances:
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9 | (i) The minor has been convicted of first degree | ||||||
10 | murder, attempt
to commit first degree
murder, | ||||||
11 | aggravated criminal sexual
assault, or criminal sexual | ||||||
12 | assault,
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13 | (ii) The court has made a finding that the minor | ||||||
14 | was at least 13 years
of age
at the time the offense | ||||||
15 | was committed and the conviction was based upon the
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16 | minor's commission of: (A)
an offense in
furtherance of | ||||||
17 | the commission of a felony as a member of or on behalf | ||||||
18 | of a
criminal street gang, (B) an offense
involving the | ||||||
19 | use of a firearm in the commission of a felony, (C)
a | ||||||
20 | Class X felony offense under the Cannabis Control Act | ||||||
21 | or a second or
subsequent Class 2 or
greater felony | ||||||
22 | offense under the Cannabis Control Act, (D) a
second or | ||||||
23 | subsequent offense under Section 402 of the Illinois
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24 | Controlled Substances Act, (E) an offense under | ||||||
25 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
26 | or (F) an offense under the Methamphetamine Control and |
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1 | Community Protection Act.
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2 | (6) Nothing in this Section shall be construed to limit the | ||||||
3 | use of a
adjudication of delinquency as
evidence in any | ||||||
4 | juvenile or criminal proceeding, where it would otherwise be
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5 | admissible under the rules of evidence, including but not | ||||||
6 | limited to, use as
impeachment evidence against any witness, | ||||||
7 | including the minor if he or she
testifies.
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8 | (7) Nothing in this Section shall affect the right of a | ||||||
9 | Civil Service
Commission or appointing authority examining the | ||||||
10 | character and fitness of
an applicant for a position as a law | ||||||
11 | enforcement officer to ascertain
whether that applicant was | ||||||
12 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
13 | examine the records or evidence which were made in
proceedings | ||||||
14 | under this Act.
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15 | (8) Following any adjudication of delinquency for a crime | ||||||
16 | which would be
a felony if committed by an adult, or following | ||||||
17 | any adjudication of delinquency
for a violation of Section | ||||||
18 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, the State's Attorney shall ascertain
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20 | whether the minor respondent is enrolled in school and, if so, | ||||||
21 | shall provide
a copy of the sentencing order to the principal | ||||||
22 | or chief administrative
officer of the school. Access to such | ||||||
23 | juvenile records shall be limited
to the principal or chief | ||||||
24 | administrative officer of the school and any guidance
counselor | ||||||
25 | designated by him or her.
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26 | (9) Nothing contained in this Act prevents the sharing or
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1 | disclosure of information or records relating or pertaining to | ||||||
2 | juveniles
subject to the provisions of the Serious Habitual | ||||||
3 | Offender Comprehensive
Action Program when that information is | ||||||
4 | used to assist in the early
identification and treatment of | ||||||
5 | habitual juvenile offenders.
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6 | (11) The Clerk of the Circuit Court shall report to the | ||||||
7 | Department of
State
Police, in the form and manner required by | ||||||
8 | the Department of State Police, the
final disposition of each | ||||||
9 | minor who has been arrested or taken into custody
before his or | ||||||
10 | her 18th birthday for those offenses required to be reported
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11 | under Section 5 of the Criminal Identification Act. Information | ||||||
12 | reported to
the Department under this Section may be maintained | ||||||
13 | with records that the
Department files under Section 2.1 of the | ||||||
14 | Criminal Identification Act.
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15 | (12) Information or records may be disclosed to the general | ||||||
16 | public when the
court is conducting hearings under Section | ||||||
17 | 5-805 or 5-810.
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18 | (13) The changes made to this Section by Public Act 98-61 | ||||||
19 | apply to juvenile court records of a minor who has been | ||||||
20 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
21 | effective date of Public Act 98-61). | ||||||
22 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
23 | 98-756, eff. 7-16-14.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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