HB3886 EnrolledLRB102 17071 RLC 22499 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
5adding Section 2-10.3 as follows:
6    (705 ILCS 405/2-10.3 new)
7    Sec. 2-10.3. Access to news media.
8    (a) All youth in the custody or guardianship of the
9Department of Children and Family Services are entitled to the
10freedom of speech guaranteed by the First Amendment to the
11Constitution of the United States and Section 4 of Article I of
12the Illinois Constitution. The Department of Children and
13Family Services and its agents and assigns shall not interfere
14with the right of any youth in its custody or guardianship to
15communicate with the news media if the youth chooses to do so.
16    (b) Provisions related to minors under 18. Any time the
17news media requests to speak with a specific, identified minor
18under 18 years of age, the Department of Children and Family
19Services shall immediately provide notice of the news media's
20request to the minor's attorney and guardian ad litem. The
21notice shall include at a minimum the minor's name, the news
22media name, and the date of the inquiry from the news media.
23Within one business day of the news media's request, the



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1Department shall determine whether the minor wants to speak
2with the news media, whether the minor has sufficient maturity
3to make his or her own decision to communicate with the news
4media and whether contact with the news media will more likely
5than not cause the minor serious physical, emotional, or
6mental harm. The Department shall provide notice of its
7determination to the minor's attorney and guardian ad litem
8within one business day of its determination.
9    (c) Provisions related to minors over 18. The Department
10shall not take any action to interfere with the right of a
11minor over 18 to speak with the news media.
12    (d) Court Review.
13        (1) Any party may file a motion seeking to enforce
14    rights under this Section.
15        (2) If the minor does not have an attorney, the court
16    shall appoint one for purposes of the motion.
17        (3) The Department shall facilitate the minor's
18    presence in court for hearings on the motion if the minor
19    wants to be present.
20        (4) The party filing the motion shall provide prior
21    notice of the hearing to the involved news media.
22        (5) Minors over 18. If the court finds that the
23    Department has interfered with the minor's right to
24    communicate with the media, the court shall enjoin any
25    further interference by the Department with the minor's
26    contacts with the news media.



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1        (6) Minors under 18. The Department shall have the
2    burden of establishing by clear and convincing evidence:
3    (i) that the minor does not have sufficient maturity to
4    make his or her own decision to communicate with the news
5    media and that contact with the news media will, more
6    likely than not, cause the minor serious physical,
7    emotional, or mental harm; and (ii) that less restrictive
8    means are insufficient to address the minor's lack of
9    maturity or the risk of serious physical, emotional, or
10    mental harm. If the court finds by clear and convincing
11    evidence that a minor under 18 years of age lacks
12    sufficient maturity to make his or her own decision to
13    communicate with the media and that the contact with the
14    news media will, more likely than not, cause the minor
15    serious physical, emotional, or mental harm, the court may
16    issue an order identifying the specific limits that the
17    Department may impose on the minor's communication with
18    the news media. The order shall not permit the Department
19    to prevent the minor from communicating with the news
20    media unless it determines that no less restrictive means
21    are available to address the likelihood of harm to the
22    minor.
23        (7) The court shall not impose any limitations on the
24    speech of a minor based on viewpoints the minor may
25    express or information the minor may divulge, unless it is
26    confidential information regarding third parties.



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1        (8) All orders resolving motions brought under this
2    subsection shall contain written findings in support of
3    the court's ruling.
4    (e) As used in this Section, "interfere" includes, but is
5not limited to: withholding information from a minor about a
6news media outlet's request to speak with the minor, including
7any contact information necessary to respond to the request;
8preventing a minor from communicating with the news media;
9threatening or coercing the minor in any manner; or punishing
10or taking adverse action because of a minor's contact with the
11news media. "Interfere" does not include:
12        (1) providing information and advice about
13    communicating with news media that is consistent with the
14    minor's age, developmental capacity and circumstances,
15    including information about the minor's right to refuse
16    particular questions, the right to condition the
17    participation upon a promise of anonymity or other privacy
18    measures, the right to refuse to speak to the news media,
19    and similar advice designed to enhance the minor's right
20    to autonomy in communicating with the news media; and
21        (2) conducting an inquiry into (i) whether a minor
22    under 18 is sufficiently mature to decide for themselves
23    whether to communicate with the news media and (ii)
24    whether communicating with the news media will more likely
25    than not cause serious physical, emotional, or mental harm
26    to the minor under 18. The inquiry in this subsection must



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1    be concluded within one business day of the request from
2    the news media.
3    (f) As used in this Section, "less restrictive means" are
4conditions on the minor's ability to communicate with the news
5media that mitigate the likelihood that physical, emotional,
6or mental harm will result, and include, but are not limited
8        (1) the news media outlet's willingness to take steps
9    to protect the minor's privacy, such as using a pseudonym
10    or limiting the use of the voice or image of a minor;
11        (2) the presence of the minor's guardian ad litem or
12    attorney or another adult of the minor's choosing, during
13    the communication with the news media; and
14        (3) providing the minor with age-appropriate media
15    literacy materials or other relevant educational material.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.